Common use of Effect of Arbitrator’s Award Clause in Contracts

Effect of Arbitrator’s Award. In considering those grievances concerning actions based on unacceptable performance and adverse actions that are appealable under the statutory appeals procedure, the Arbitrator shall be bound by the policy and the precedents of the Merit Systems Protection Board (“MSPB”), and apply the same appellant standards (e.g., ‘substantial evidence’ for unacceptable performance, ‘preponderance of evidence’ for adverse actions, and ‘arbitrary and capricious abuse of management discretion’ for the penalty of an adverse action). The Arbitrator shall have the authority to resolve any question of arbitrability and to interpret this Agreement. The Arbitrator is bound by and shall apply the “harmful error” concept as developed by MSPB. The Arbitrator shall have no authority to add to or otherwise modify the terms of this agreement or Department of Agriculture policy. Either party may file exceptions to an award with the Federal Labor Relations Authority (“FLRA”) or the appropriate court under regulations prescribed by the Civil Service Reform Act or the FLRA.

Effect of Arbitrator’s Award. In considering those grievances concerning actions based on unacceptable performance and adverse actions that are appealable under the statutory appeals procedure, the Arbitrator shall be bound by the policy and the precedents of the Merit Systems Protection Board (“MSPB”), and apply the same appellant standards (e.g., ‘substantial evidence’ for unacceptable performance, ‘preponderance of evidence’ for adverse actions, and ‘arbitrary and capricious abuse of management Management discretion’ for the penalty of an adverse action). The Arbitrator shall have the authority to resolve any question of arbitrability and to interpret this Agreement. The Arbitrator is bound by and shall apply the “harmful error” concept as developed by MSPB. The Arbitrator shall have no authority to add to or otherwise modify the terms of this agreement Agreement or Department of Agriculture policy. Either party Party may file exceptions to an award with the Federal Labor Relations Authority (“FLRA”) or the appropriate court under regulations prescribed by the Civil Service Reform Act or the FLRA.