NCJ Number
94858
Journal
Labor Law Journal Volume: 35 Dated: (January 1984) Pages: 35-43
Date Published
1984
Length
9 pages
Annotation
Devine v. White et al., a recent decision by the U.S. Court of Appeals at Washington, D.C., may provide greater clarity about the role of labor arbitration in the Federal sector.
Abstract
The case revolves around issues pertaining to the Civil Service Reform Act of 1978 (CSRA). The Director of the Office of Personnel Management (OPM) sought review, under authority of CSRA, of an arbitration decision to set aside a disciplinary decision imposed by the Immigration and Naturalization Service. The case can be considered a landmark in that, as identified by the court, 'The case poses several highly significant issues focused on the propriety of judicial review of arbitrators' decisions in the Federal sector.' A crucial determination by the court was that the OPM's argument was 'untenable' when it stated that the arbitrator's decision improperly allowed the negotiation agreement to override the statutorily mandated penalty for misuse of a government vehicle. There are several tentative conclusions to be drawn from this decision. First, the OPM is not to request decision reviews from arbitrators. Second, the court will avoid interfering with the arbitration process to the extent permitted under the law. Third, the collective bargaining agreement has authority along with law procedures. Fourth, the OPM is given considerable latitude over issues which it may appeal to the court. Fifth, the arbitrator is responsible for making a decision with consideration to all relevant law and regulations as well as to the collective bargaining agreement. Sixth, when a request for review is accepted by the court, the arbitrator is expected to respond to the court's request for documents related to the arbitration hearing. Forty footnotes are provided.