CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION – Post Arbitration; Repugnancy

Single Topic for Decision 0538E

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Charging party fails to establish Spielberg factors for repugnancy where the arbitrator considered the same matter as the unfair practice and the only irregularity alleged resulted from charging party's failure to introduce allegedly critical testimony. Arbitration award is not repugnant to the Act even if Board would have reached a different result.