Recoupment of Union Dues, Arbitration Award

The Federal Labor Relations Council and the American Federation of Government Employees requested a decision as to whether an arbitration award which required an agency to pay the union the amount that the agency deducted from periodic dues withholdings when it discovered that it had failed to terminate dues withholding of an employee who had been promoted outside the bargaining unit was valid. The arbitrator construed the agreement as not permitting the setoff but refused to consider relevant laws and regulations. The arbitrator's award was inconsistent with applicable laws and regulations and was not implemented.