The impact of the federal labor relations authority on labor arbitration in the federal sector
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Date
1985
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Abstract
This research involved an analysis of the arbitration cases appealed to the Federal Labor Relations Authority (FLRA) under 5 U.S.C. [section] 7122. In particular, the cases in which the Authority modified, set aside, or remanded the arbitrator's award to the parties were analyzed as to the reasons for these actions. The Federal Labor Relations Authority was created in 1978, and from January 11, 1979, to June 30, 1985, it handled 2610 cases, 790, or 30.27 percent, of which were cases where an arbitrator's award was appealed to the FLRA for reconsideration based on exceptions to the award claimed by either the union, the agency, or both. The study determined that 142, or almost eighteen percent, of the appealed arbitration cases were either modified (fifty-nine cases), set aside (seventy-four cases), or remanded to the parties (nine cases) by the Authority. The study further revealed the numerous reasons for the FLRA taking this action. The Authority found arbitrators' awards deficient for several reasons, for instance, if it was demonstrated in the exceptions that the award was contrary to law, rule, or regulation; if the arbitrator exceeded his authority; if the award failed to draw its essence from the contract; or on other grounds similar to those applied by federal courts in private labor management relations. The most common reason for modifying or setting aside an arbitrator's award was that the Authority found the award, or part of it , to be contrary to governing law, rule, or regulation. In the case of the remanded awards, the Authority determined that it needed additional information from the arbitrator to make a decision. The research categorizes and discusses each exception the Federal Labor Relations Authority used within the time frame considered. A glossary of legal and labor relations terms [3] used in this dissertation is attached as Appendix A. Appendix B is a copy of Title VII of the Civil Service Reform Act of 1978, entitled Federal Service Labor-Management Relations. Appendix C is a listing of journal articles of interest in connection with federal labor relations.
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Typescript (photocopy).
Keywords
Collective bargaining, Government employees, Collective labor agreements, Government employees, Major industrial engineering