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UNITED STATES OF AMERICA FEDERAL LABOR RELATIONS AUTHORITY (FLRA)

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UNITED STATES OF AMERICA

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C. 20424

OPPOSITION TO EXCEPTIONS TO ARBITRATION AWARD

Important Information: Federal-sector parties who have participated in binding arbitration

pursuant to 5 U.S.C. § 7121(b)(C)(iii) may use this form to file an opposition to arbitration

exceptions that have been filed with the Federal Labor Relations Authority (the Authority). Only

the officially designated representatives of an agency or union may file such an opposition;

absent written authorization from a party to an arbitration proceeding, grievants or other non-

parties may not

The information requested below may be provided either on this form or in a separately created

document. See 5 C.F.R. § 2425.5. The form is available at

file an opposition. See 5 C.F.R. § 2425.3.

www.flra.gov

If you have any questions about completing this form, or filing oppositions generally, then please

contact the Authority’s Office of Case Intake and Publication at (202) 218-7740.

. If your answers do

not fit in the space provided, then you may attach additional pages expanding on your answer.

Please note that, if this form exceeds 10 double-spaced pages in length (excluding the statement

of service) once you have filled it out, then you must include a table of contents with this form.

See 5 C.F.R. § 2429.29.

However, you may delete portions of the form that do not apply, such as

portions discussing grounds for review that the excepting party has not raised.

Additional information about the time limits and procedural requirements for filing an

opposition, as well as the arbitration process in general, can be found in 5 C.F.R. parts 2425 and

2429 and in the Guide to Arbitration at

www.flra.gov.

Part I Background Information

1. Excepting party’s information:

Name:

Position:

Agency or Union:

Address:

Phone:

Fax:

Email address:

2. Opposing party’s information:

Name:

Position:

Agency or Union:

Address:

Phone:

Fax:

Email address:

3 Arbitrator’s information:

Name:

Address:

Phone: Fax:

Email address:

4. Method of service of arbitrator’s award, and date of service (check all that apply):

[ ] U.S. mail = postmark date

[ ] Commercial delivery = date deposited with commercial delivery service

[ ] Personal delivery = date of delivery

[ ] Fax = date transmitted

[ ] E-mail = date transmitted

[ ] Other – please describe:

5. If the award was served on you by more than one method, then the first method of service is controlling for

purposes of calculating the time limits for filing exceptions. See 5 C.F.R. § 2425.2(c)(4). However, please note

that if the award is served by fax, email, or personal delivery on one day, and also served by U.S. mail or

commercial delivery on the same day, then you do not get 5 additional days to file your exceptions. See 5 C.F.R.

§ 2425.2(c)(5).

What is the date of service of the arbitrator’s award?

Part II Arguments

1. Do you disagree with any arguments made by the excepting party?

[ ] Yes [ ] No

1a. If yes, then identify the argument(s) with which you disagree, and answer questions 2

through 10.

2. Does the excepting party argue that the award is contrary to law or government-wide

regulation, including management’s rights under 5 U.S.C. § 7106?

[ ] Yes [ ] No

2a. If no, then skip to question 3; if yes, and you disagree with the excepting party, then

answer questions 2b through 2d for laws and government-wide regulations other than

5 U.S.C. § 7106, and answer questions 2e through 2l for exceptions regarding 5

U.S.C. § 7106.

2b. For laws and government-wide regulations other than 5 U.S.C. § 7106: Explain why

the law is not contrary to the cited law(s) or government-wide regulations(s).

2c. Are you contending that the contrary-to-law arguments could have been, but

were not, raised before the arbitrator?

[ ] Yes [ ] No

2d. If yes, then please explain how they reasonably could have been raised before the

arbitrator:

2e. For exceptions regarding management right(s) set out in 5 U.S.C. § 7106: Do you

claim that the award does not affect the asserted right(s)?

[ ] Yes [ ] No

2f. If yes, then please explain:

2g. If the cited management right(s) is set out in 5 U.S.C. § 7106(a)(2), then do you claim

that the arbitrator was enforcing an applicable law within the meaning of 5 U.S.C.

§ 7106(a)(2)?

[ ] Yes [ ] No

2h. If yes, then please identify the applicable law, explain why it is an applicable law,

and explain how the award enforces that law:

2i. If the cited management right(s) set out in either 5 U.S.C. § 7106(a)(1) or (a)(2), do

you claim that the arbitrator was enforcing a contract provision negotiated pursuant to

5 U.S.C. § 7106(b)?

[ ] Yes [ ] No

2j. If yes, then please identify and quote the contract provision(s) enforced by the

arbitrator and explain why they constitute provisions negotiated pursuant to 5 U.S.C.

§ 7106(b):

2k. Are you contending that the management’s-rights argument(s) could have been, but

were not, raised before the arbitrator?

[ ] Yes [ ] No

2l. If yes, then please explain how they reasonably could have been raised before the

arbitrator:

3. Does the excepting party argue that the award is contrary to an agency-wide

regulation?

[ ] Yes [ ] No

3a. If no, then skip to question 4; if yes, and you disagree, then answer questions 3b

through 3e:

3b. Do you claim that the arbitrator was enforcing a contract provision that addresses the

same subject matter as the agency-wide regulation?

[ ] Yes [ ] No

3c. If yes, then identify and quote the contract provision and explain how it addresses the

same subject matter as the agency-wide regulation:

3d. Are you contending that the argument(s) regarding agency regulations could

have been, but were not, raised before the arbitrator?

[ ] Yes [ ] No

3e. If yes, then explain how they reasonably could have been raised before the arbitrator:

4. Does the excepting party argue that the award is incomplete, ambiguous, or

contradictory?

[ ] Yes [ ] No

4a. If no, then skip to question 5; if yes, and you disagree, then please answer questions

4b through 4d:

4b. Explain why the meaning and effect of the award is not so unclear as to make

implementation of the award impossible:

4c. Are you contending that the “incomplete, ambiguous, or contradictory” exception(s)

could have been, but were not, raised before the arbitrator?

[ ] Yes [ ] No

4d. If yes, then explain how they reasonably could have been raised before the arbitrator:

5. Does the excepting party argue that the arbitrator was biased?

[ ] Yes [ ] No

5a. If no, then skip to question 6; if yes, and you disagree, then please answer questions

5b through 5d:

5b. Explain why the award was not procured by improper means, why there was not

partiality or corruption on the part of the arbitrator, and/or why the arbitrator did not

engage in misconduct that prejudiced the rights of the excepting party:

5c. Are you contending that the bias argument(s) could have been, but were not, raised

before the arbitrator?

[ ] Yes [ ] No

5d. If yes, then explain how they reasonably could have been raised before the arbitrator:

6. Does the excepting party argue that the award is contrary to public policy?

[ ] Yes [ ] No

6a. If no, then skip to question 7; if yes, and you disagree, then please answer questions

6b through 6d:

6b. Explain why the alleged public policy does not have its source in laws and legal

precedents, and/or why the award does not violate the alleged public policy:

6c. Are you contending that the public-policy argument(s) could have been, but were not,

raised before the arbitrator?

[ ] Yes [ ] No

6d. If yes, then explain how they reasonably could have been raised before the arbitrator:

7. Does the excepting party argue that the arbitrator denied it a fair hearing?

[ ] Yes [ ] No

7a. If no, then skip to question 8; if yes, and you disagree, then please answer questions

7b through 7d.

7b. Explain why the arbitrator did not refuse to hear or consider pertinent or material

evidence, or how other actions in conducting the proceeding did not so prejudice the

excepting party that it affected the fairness of the proceedings as a whole:

7c. Are you contending that the fair-hearing argument(s) could have been, but were not,

raised before the arbitrator?

[ ] Yes [ ] No

7d. If yes, then explain how they reasonably could have been raised before the arbitrator:

8. Does the excepting party argue that the award is based on a nonfact?

[ ] Yes [ ] No

8a. If no, then skip to question 9; if yes, and you disagree, then answer questions 8b

through 8f.

8b. Did the parties dispute before the arbitrator the factual issue that is alleged to be a

nonfact?

[ ] Yes [ ] No

8c. If no, then skip to question 8d; if yes, then please provide supporting citations to the

award and/or the record to demonstrate that the matter was disputed, and attach any

supporting evidence to this form:

8d. Please explain why a central fact underlying the award is not clearly erroneous,

and/or why, even if it were clearly erroneous, the arbitrator would have reached the

same conclusion that (s)he reached:

8e. Are you contending that the nonfact argument(s) could have been, but were not,

raised before the arbitrator?

[ ] Yes [ ] No

8f. If yes, then please explain how they reasonably could have been raised before the

arbitrator:

9. Does the excepting party argue that the award fails to draw its essence from the

parties’ collective bargaining agreement?

[ ] Yes [ ] No

9a. If no, then skip to question 10; if yes, and you disagree, then please answer questions

9b through 9d.

9b. Explain why the arbitrator’s interpretation of the agreement is not irrational,

unfounded, implausible, or in manifest disregard of the agreement:

9c. Are you contending that the essence argument(s) could have been, but were not,

raised before the arbitrator?

[ ] Yes [ ] No

9d. If yes, then explain how they reasonably could have been raised before the arbitrator:

10. Does the excepting party argue that the arbitrator exceeded his or her authority?

[ ] Yes [ ] No

10a. If no, then skip to question 11; if yes, and you disagree, then please answer questions

10b through 10d.

10b. Depending on which “exceeded authority” grounds were raised, explain why the

arbitrator: did not fail to resolve an issue that was submitted to arbitration; did not

resolve an issue that was not submitted to arbitration; did not disregard specific

limitations on his or her authority; and/or did not award relief to individuals who

were not encompassed within the grievance:

10c. Are you contending that the “exceeded authority” argument(s) could have been, but

were not, raised before the arbitrator?

[ ] Yes [ ] No

10d. If yes, then explain how they reasonably could have been raised before the arbitrator:

Part III Request for Expedited, Abbreviated Decision

1. Has the excepting party requested an expedited, abbreviated decision under 5 C.F.R.

§ 2425.7?

[ ] Yes [ ] No

2. If yes, then please state whether you support or oppose the request, and why you

support or oppose it:

Part IV Additional Information

Please set forth any additional relevant information or arguments here, but note that

arguments that the award is deficient should be set forth in timely filed exceptions, not set

forth here.

Part V Checklist with Statement of Service and Signature

All oppositions and attached documents filed with the Authority must comply with the

requirements set forth in parts 2425 and 2429 of the Authority’s Regulations.

A complete copy (including all attachments) of oppositions must:

[ ] Be served by certified mail, first-class mail, commercial delivery, or in person on all

counsel of record or other designated representative(s) of parties, upon parties not so

represented, and upon any interested person who has been granted permission by the

Authority to present written and/or oral argument as amicus curiae; service upon such

counsel or representative shall constitute service upon the party, but a copy also shall

be transmitted to the party (see 5 C.F.R. § 2429.27(a) & (b))

[ ] Contain a signed and dated statement of service with names and addresses of parties

served, date of service, nature of document served, and the manner in which service

was made (see 5 C.F.R. § 2429.27(c))

[ ] Contain a signed original and 4 complete and legible copies of all documents

(see 5 C.F.R. § 2429.25)

[ ] Include a table of contents if the opposition exceeds 10 double-spaced pages in

length.

[ ] Be addressed to: Chief, Office of Case Intake and Publication

Federal Labor Relations Authority

1400 K Street, N.W., Suite 201

Washington, D.C. 20424-0001

For questions about filing requirements, contact the above office at (202) 218-7740

between 9 a.m. and 5 p.m., Monday through Friday (except Federal holidays).

STATEMENT OF SERVICE

I certify that a complete copy of the [Agency’s/Union’s] Opposition, including all

attachments, were filed with the Office of Case Intake and Publication, Federal Labor

Relations Authority, Washington, D.C., by [indicate whether by certified mail, first class

mail, commercial delivery (indicate whether Fed Ex, UPS, etc.), or personal delivery], and

were sent this day to the following by the method indicated:

Name:

Title:

Mailing Address:

City, State, Zip Code:

Phone Number:

Method of service (check): [ ] certified mail

[ ] first class mail

[ ] commercial delivery ___________________(indicate

whether Fed Ex, UPS, etc.)

[ ] personal delivery

[ ] other (please specify) _____________

Name:

Title:

Mailing Address:

City, State, Zip Code:

Phone Number:

Method of service (check): [ ] certified mail

[ ] first class mail

[ ] commercial delivery ___________________(indicate

whether Fed Ex, UPS, etc.)

[ ] personal delivery

[ ] other _____________

__________________________________________________________________________

Date Name of Representative/Title

________________________________________________

Signature of Representative

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