Contents of Exceptions to an Arbitration Award

What Your Exceptions Must Include

Under 5 C.F.R. § 2425.4(a), you must date your exception (unless you eFile it, which is the preferred method), and you must ensure that your exception is self-contained and sets forth:

What Your Exceptions Do Not Need to Include

Copies of documents that the Authority can easily access, such as:

  • Authority decisions
  • Decisions of federal courts
  • Current provisions of the U.S. Code
  • Current provisions of the Code of Federal Regulations (5 C.F.R. § 2425.4(b))

What Your Exceptions May Not Include

  • Any evidence, factual assertions, arguments (including affirmative defenses), requested remedies, or challenges to an awarded remedy that you could have presented, but did not present, to the arbitrator (5 C.F.R. §§ 2425.4(c) & 2429.5)

Additional Procedural Requirements

Where and How to File

Number of Copies

  • Unless you eFile (the preferred method of filing), you must file an original and four copies of each document.  (5 C.F.R. § 2429.25)

Service and Statement of Service

  • You must serve all parties with anything you file, including attachments to your filings
  • You must submit a signed, dated statement of service (or eFiling certification) that includes names and addresses of the parties served, date served, and method of
    service (5 C.F.R. § 2429.27)

Table of Contents

  • Generally, any document exceeding ten double-spaced pages (including any brief that you eFile) must include a table of contents 
  • However, you do not need to submit a table of contents for eFiled fillable forms (5 C.F.R. § 2429.29)

For Additional Information