WHEN ADVOCATES COMPLAIN TOO LITTLE

Although this is hardly something new, it is worth repeating.  If an arbitrator sustains a grievance, but denies the union’s desired remedy on three different grounds, it is not enough to file exceptions attacking only one of those grounds.  FLRA will not even consider an objection to a single basis for the remedy denial unless the union challenges all three grounds.  The union must remove all valid reasons for denying the remedy before FLRA will seriously consider imposing the remedy or even remanding.

If you want a better look at how the Authority proceeds take a look at how AFGE ripped the rug out from under an SSA exception to a retroactive promotion award by an arbitrator just because the agency challenged only one of the three reasons the arbitrator imposed the back pay decision.  AFGE. 67 FLRA 493 (2014)

About AdminUN

FEDSMILL staff has over 40 years of federal sector labor relations experience on the union as well as management side of the table and even some time as a neutral.
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