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

Single Topic for Decision 1607H


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1102.00000 – CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION
1102.02000 – Post Arbitration; Repugnancy

The Board will defer to an arbitrator’s award, including arbitration of an agency fee dispute, so long as the proceedings were fair and regular and the award is not repugnant to the purposes of HEERA. O’Malley did not allege sufficient facts showing that the arbitration proceeding was unfair or procedurally defective or that the arbitrator’s award was repugnant. The arbitrator’s award was not repugnant to HEERA since it was not “palpably wrong.”