5 CFR 2425.6 - Grounds for review; potential dismissal or denial for failure to raise or support grounds.
(a) The Authority will review an arbitrator's award to which an exception has been filed to determine whether the award is deficient—
(2) On other grounds similar to those applied by Federal courts in private sector labor-management relations.
(b) If a party argues that an award is deficient on private-sector grounds under paragraph (a)(2) of this section, then the excepting party must explain how, under standards set forth in the decisional law of the Authority or Federal courts:
(iii) Is incomplete, ambiguous, or contradictory as to make implementation of the award impossible; or
(v) Is deficient on the basis of a private-sector ground not listed in paragraphs (b)(1)(i) through (b)(2)(iv) of this section.
(c) If a party argues that the award is deficient on a private-sector ground raised under paragraph (b)(2)(v) of this section, the party must provide sufficient citation to legal authority that establishes the grounds upon which the party filed its exceptions.
(1) An action based on unacceptable performance covered under 5 U.S.C. 4303;
(2) A removal, suspension for more than fourteen (14) days, reduction in grade, reduction in pay, or furlough of thirty (30) days or less covered under 5 U.S.C. 7512; or
(3) Matters similar to those covered under 5 U.S.C. 4303 and 5 U.S.C. 7512 which arise under other personnel systems.
(1) The excepting party fails to raise and support a ground as required in paragraphs (a) through (c) of this section, or otherwise fails to demonstrate a legally recognized basis for setting aside the award; or
Title 5 published on 2014-01-01
no entries appear in the Federal Register after this date.