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62 FLRA No. 30
American Federation of Government Employees, Local 2923 and United States Department of Health And Human Services, National Institutes of Health, National Institutes of Environmental Health Sciences (Wesman, Arbitrator), 0-AR-4123 (June 20, 2007)
The Arbitrator concluded that a grievance alleging that the Agency discriminated against an employee on the basis of her medical condition and race was untimely filed. The Authority denied the Union's exceptions, arguing that the determination was contrary to the Rehabilitation Act.
The Authority first noted that it will generally not find an arbitrator's ruling on procedural arbitrability deficient on grounds that directly challenge the procedural determination itself. However, a procedural arbitrability determination may be found deficient if it is contrary to law. The Authority found that the Union failed to establish that award was contrary to the Rehabilitation Act.