---
kind: "section"
citation: "5 C.F.R. § 2425.6"
title: "5"
number: "2425.6"
heading: "Grounds for review; potential dismissal or denial for failure to raise or support grounds."
url: "https://uscodex.org/cfr/5/2425.6"
---

# §2425.6. Grounds for review; potential dismissal or denial for failure to raise or support grounds.

- (a) The Authority will review an arbitrator's award to which an exception has been filed to determine whether the award is deficient—
  - (1) Because it is contrary to any law, rule or regulation; or
  - (2) On other grounds similar to those applied by Federal courts in private sector labor-management relations.
- (b) If a party argues that an award is deficient on private-sector grounds under [paragraph (a)(2)](#a-2) of this section, then the excepting party must explain how, under standards set forth in the decisional law of the Authority or Federal courts:
  - (1) **The arbitrator—**
    - (i) Exceeded his or her authority; or
    - (ii) Was biased; or
    - (iii) Denied the excepting party a fair hearing; or
  - (2) **The award—**
    - (i) Fails to draw its essence from the parties' collective bargaining agreement; or
    - (ii) Is based on a nonfact; or
    - (iii) Is incomplete, ambiguous, or contradictory as to make implementation of the award impossible; or
    - (iv) Is contrary to public policy; or
    - (v) Is deficient on the basis of a private-sector ground not listed in [paragraphs (b)(1)(i) through (b)(2)(iv)](#b-1-i..b-2-iv) of this section.
- (c) If a party argues that the award is deficient on a private-sector ground raised under [paragraph (b)(2)(v)](#b-2-v) of this section, the party must provide sufficient citation to legal authority that establishes the grounds upon which the party filed its exceptions.
- (d) **The Authority does not have jurisdiction over an award relating to—**
  - (1) An action based on unacceptable performance covered under [5 U.S.C. 4303](/usc/5/4303.md);
  - (2) A removal, suspension for more than fourteen (14) days, reduction in grade, reduction in pay, or furlough of thirty (30) days or less covered under [5 U.S.C. 7512](/usc/5/7512.md); or
  - (3) Matters similar to those covered under 5 U.S.C. [4303](/usc/5/4303.md) and [5](/usc/5/5.md) U.S.C. 7512 which arise under other personnel systems.
- (e) An exception may be subject to dismissal or denial if:
  - (1) The excepting party fails to raise and support a ground as required in [paragraphs (a) through (c)](#a..c) of this section, or otherwise fails to demonstrate a legally recognized basis for setting aside the award; or
  - (2) **The exception concerns an award described in paragraph (d) of this section.**

## Notes

### Authority

Authority: 5 U.S.C. 7134.

### Source

Source: 75 FR 42290, July 21, 2010, unless otherwise noted.