---
kind: "section"
citation: "4 C.F.R. § 28.124"
title: "4"
number: "28.124"
heading: "Review of arbitration awards."
url: "https://uscodex.org/cfr/4/28.124"
---

# §28.124. Review of arbitration awards.

- (a) **Filing an exception.**
  - (1) Either party to arbitration, conducted pursuant to a grievance procedure under a collective bargaining agreement, may file with the Board an exception to the arbitrator's award rendered pursuant to the arbitration.
  - (2) The time limit for filing an exception to an arbitration award is 30 days from the service of the award on the filing party.
  - (3) An opposition to the exception may be filed by a party within 30 days after the service of the exception.
  - (4) A copy of the exception and any opposition shall be served on the other party.
- (b) **Content of exception.** An exception must be a dated, self-contained document which sets forth in full:
  - (1) A statement of the grounds on which review is requested;
  - (2) Evidence or rulings bearing on the issues before the Board;
  - (3) Arguments in support of the stated grounds, together with specific reference to the pertinent documents and citations of authorities;
  - (4) A legible copy of the award of the arbitrator and legible copies of other pertinent documents; and
  - (5) **The name and address of the arbitrator.**
- (c) **Grounds for review.**
  - (1) The Board will review an arbitrator's award to which an exception has been filed to determine if the award is deficient—
    - (i) Because it is contrary to any law, rule or regulation; or
    - (ii) On other grounds similar to those applied by Federal courts in private sector labor-management relations.
  - (2) The Board will not consider an exception where:
    - (i) The award relates to an action based on unacceptable performance covered under [5 U.S.C. 4303](/usc/5/4303.md);
    - (ii) The award relates to a removal, suspension for more than 14 days, reduction in grade, reduction in pay, or furlough of 30 days or less covered under [5 U.S.C. 7512](/usc/5/7512.md); or
    - (iii) the exception is based on a GAO rule which was not introduced into the record submitted to the arbitrator.
- (d) **Board decision.** The Board shall issue its decision and order taking such action and making such recommendations concerning the award as it considers necessary, consistent with applicable laws, rules, or regulations.

## Notes

### Authority

Authority: 31 U.S.C. 753.

### Source

Source: 58 FR 61992, Nov. 23, 1993, unless otherwise noted.