Reviewing Arbitration Decisions

Melville Johnson

April 6, 2020

These are situations in which the appellant has alleged a claim of discrimination, and the arbitrator has issued a final reward or decision.[1] The federal employee must have taken the case through arbitration for MSPB have jurisdiction.

The MSPB tends to give greater deference to decisions issued by arbitrators than to decisions issued by Administrative Judges. The MSPB will reverse or modify a labor arbitrator’s decision only in rare cases where the arbitrator has made a mistake of law in interpreting civil service laws, rules or regulations.[2]

An arbitrator's findings of fact are usually seen as conclusive unless the arbitrator erred in his legal analysis.[3] However, if an arbitrator has not made specific findings on a particular issue, the MSPB will not defer to the arbitrator's decision to deny an appellant's review request related to that issue.[4]

The federal employee attorneys at Melville Johnson, P.C. are highly experienced in MSPB matters, and are willing and able to assist you in your federal employment legal needs. Call or message us today to discuss your situation and learn how we can assist you.

[1] 5 U.S.C. § 2302 (b)(1)

[2] Hidalgov. Dep’t of Justice, 93 MSPR 645 (2003).

[3] Cambridge v.Dep’t of Justice, 111 MSPR 152 (2009).

[4] Hollingsworthv. Dep’t of Commerce, 115 MSPR 636 (2011).

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This blog and web site published by Melville Johnson, P.C. should not be used as a substitute for seeking competent legal advice from a licensed professional attorney. Readers of this information should not act upon any information contained on this blog or website without seeking professional counsel.

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(404) 724 - 0000

115 West Peachtree Pl. N.W. Unit 1
Atlanta, Georgia 30313