Synopsis By: Lurie - Proceeding Author:

The author furnishes a thorough description of the workings of the Civil Service Reform Act of 1978 (for employees in federal service), including the appeal of arbitration awards to the U.S. Court of Appeals, the Court of Claims, or to the Federal Labor Relations Authority. The workings of and review criteria applied by the Authority are described. The precautions that an arbitrator must take for cases heard under the Act are described (e.g., adverse actions require the arbitrator to apply statutorily mandated burdens of proof in varying situations; attorneys fees may be awarded; other constraints on remedy may apply; a transcript is recommended). The author describes pending legislation amending the Act, and recommends changes that he believes would improve the arbitration of disputes arising thereunder.