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Section 538 - Grievance Arbitration Review Request

538.1 - Filing

A party to a grievance arbitration proceeding who is aggrieved by the arbitration award may file a request for review with the Board not later than twenty (20) days after service of the award.

The arbitration review request shall be designated "Arbitration Review Request" and shall contain the following information, set forth in numbered paragraphs:

(a) The name, address and telephone number of the agency (or agency subpision) involved, including the name of the person to contact;

(b) The name, address and telephone number of the labor organization having exclusive recognition, including the name of the person to contact;

(c) The name, address and telephone number of the arbitrator; and

(d) A statement of the reasons for appealing the award.

(e) A copy of the award and affidavit or other proof of the date of service of the award shall accompany the arbitration review request.

538.2 - Opposition

An opposition to the arbitration review request may be filed with the Board by the other party to the arbitration proceeding not later than fifteen (15) days after service of the request. If the Board finds that there may be grounds to modify or set aside the arbitrator's award, it shall notify the parties who will then have fifteen (15) days from the time of notice to file briefs concerning the matter. Oral arguments may be permitted at the discretion of the Board.

538.3 - Basis for Appeal

In accordance with DC Code Section 1-605.2(6), the only grounds for an appeal of a grievance arbitration award to the Board are the following:

(a) The arbitrator was without authority or exceeded the jurisdiction granted;

(b) The award on its face is contrary to law and public policy; or

(c) The award was procured by fraud, collusion or other similar and unlawful means.

538.4 - Action by Board

The Board, after consideration of the review request, the opposition, and briefs and oral arguments, if any, shall make a determination which may reject the request for lack of jurisdiction or sustain, set aside or remand the award in whole or in part.