NCJ Number
96510
Date Published
1982
Length
40 pages
Annotation
The CSRA broke with arbitration tradition by adopting a broader definition of a grievance than found in most collective bargaining agreements and making awards reviewable by courts or administrative bodies or both.
Abstract
Specifically, a grievance is defined as a matter related to employment, a breach of collective bargaining contract, or a violation or misinterpretation of rules affecting employment. Depending on the type of adverse action case, appeals may be made to the U.S. Court of appeals, the Court of Claims, or the Federal Labor Relations Authority (FLRA). An extraordinary system of hearings and appeals comes into play in discrimination cases, involving the FLRA, the Merit System Protection Board (MSPB), the Equal Employment Opportunity Commission, and the Federal courts. Both the FLRA and MSPB are independent agencies by statute, but on at least two occasions the FLRA has obtained an advisory opionion from the Office of Personnel Management on interpreting the law and relied on it for a decision. An even greater threat comes from the Comptroller who has tried to sharply limit the arbitrator's authority in awards. While arbitrators in the Federal system retain many traditional characteristics, they do not have subpoena power. Arbitrators need to know what laws and regulations will be relevant in a Federal case, what appeal route a decision could take, and what guidelines to follow for awarding payment of attorney's fees. The Federal model contains many pitfalls and traps that can be used for delay. Suggestions for a new statute, 83 notes, charts, and a congressional report on the CSRA are supplied.