Executive Order (EO) 13836, Developing Efficient, Effective, and Cost-Reducing Approaches to Federal Sector Collective Bargaining, signed by the President on May 25, 2018, requires agencies to submit any long-term collective agreement (CBA) and its expiry date within 30 days of the CBA`s entry into force. EO 13836 also requires OPM to make these CBAs available to the public on the internet. This promotes transparency by allowing the public to consult the types of agreements between federal agencies and industry unions. Agencies are also required to submit arbitration awards to OPM within 10 business days of receipt. OPM has issued a memorandum on the publication of the CBA database, which contains guidelines on agency requirements for CBAs and arbitration awards. We have come to the Union`s view that the award is contrary to Article 13 of the local endorsement, since the price does not derive its essence from the collective agreement of the parties. In order to demonstrate that an arbitral award cannot be derived from the agreement, the Union must demonstrate that the arbitral award (1) cannot be inferred in any rational way from the agreement; (2) is so unfounded in nature and reality and so inconsistent with the wording and purpose of the agreement that infidelity manifests itself in relation to the arbitrator`s commitment; (3) evidence of a clear breach of the agreement; or (4) is not a plausible interpretation of the agreement. See U.S. Department of Housing and Urban Development and American Federation of Government Employees, Local 476, 47 FLRA 1053, 1061-62 (1993). An employer who rejects the employee`s request for replacement and continues to ask questions commits an unfair labour practice (ULP).
In such circumstances, the worker may legally refuse to answer questions. An arbitrator overstepped his authority if, for example. B the arbitrator makes a positive order beyond the scope of the arbitration case or grants discharge to those who did not participate in the complaint. See the American Federation of Government Employees, Local 916 and U.S.