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—
(1) Because it is contrary to any law, rule or regulation; or
(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:
(1) The arbitrator:
(i) Exceeded his or her authority; or
(ii) Was biased; or
(iii) Denied the excepting party a fair hearing; or
(2) The award:
(i) Fails to draw its essence from the parties' collective bargaining agreement; or
(ii) Is based on a nonfact; or
(iii) Is incomplete, ambiguous, or contradictory as to make implementation of the award impossible; or
(iv) Is contrary to public policy; 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.
(d) The Authority does not have jurisdiction over an award relating to:
(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.
(e) An exception may be subject to dismissal or denial if:
(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
(2) The exception concerns an award described in paragraph (d) of this section.
Title 5 published on 2013-01-01
no entries appear in the Federal Register after this date.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.