§ 28.124. Review of arbitration awards.
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/us/cfr/t4/s§ 28.124·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Filing an exception.
(1)Either party to arbitration, conducted pursuant to a grievance procedure under a collective bargaining agreement, may file with the Board an exception to the arbitrator's award rendered pursuant to the arbitration.
(2)The time limit for filing an exception to an arbitration award is 30 days from the service of the award on the filing party.
(3)An opposition to the exception may be filed by a party within 30 days after the service of the exception.
(4)A copy of the exception and any opposition shall be served on the other party.
(b)Content of exception. An exception must be a dated, self-contained document which sets forth in full:
(1)A statement of the grounds on which review is requested;
(2)Evidence or rulings bearing on the issues before the Board;
(3)Arguments in support of the stated grounds, together with specific reference to the pertinent documents and citations of authorities;
(4)A legible copy of the award of the arbitrator and legible copies of other pertinent documents; and
(5)The name and address of the arbitrator.
(c)Grounds for review.
(1)The Board will review an arbitrator's award to which an exception has been filed to determine if the award is deficient---
(i)Because it is contrary to any law, rule or regulation; or
(ii)On other grounds similar to those applied by Federal courts in private sector labor-management relations.
(2)The Board will not consider an exception where:
(i)The award relates to an action based on unacceptable performance covered under 5 U.S.C. 4303;
(ii)The award relates to a removal, suspension for more than 14 days, reduction in grade, reduction in pay, or furlough of 30 days or less covered under 5 U.S.C. 7512; or
(iii)the exception is based on a GAO rule which was not introduced into the record submitted to the arbitrator.
(d)Board decision. The Board shall issue its decision and order taking such action and making such recommendations concerning the award as it considers necessary, consistent with applicable laws, rules, or regulations.
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