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Title 5, Government Organization and EmployeesRelease 119-110

§7122 Exceptions to Arbitral Awards

Title 5 › PART III — EMPLOYEES › Subpart F — Labor-Management and Employee Relations › CHAPTER 71 — LABOR-MANAGEMENT RELATIONS › SUBCHAPTER III — GRIEVANCES, APPEALS, AND REVIEW › § 7122

Last updated Sep 22, 2026|Official source

Summary

Either party can file an exception with the Authority to challenge an arbitrator’s award, except for matters listed in section 7121(f). If the Authority finds the award breaks a law or rule, or has other legal defects like those used by federal courts in private labor disputes, it can change the award or make recommendations. If nobody files an exception within 30 days after the award is served, the award becomes final and binding and the agency must follow it. The award may include backpay under section 5596.

Full Legal Text

Title 5, §7122

Government Organization and Employees, Source: USLM XML via OLRC

(a)Either party to arbitration under this chapter may file with the Authority an exception to any arbitrator’s award pursuant to the arbitration (other than an award relating to a matter described in section 7121(f) of this title). If upon review the Authority finds that the award is deficient—
(1)because it is contrary to any law, rule, or regulation; or
(2)on other grounds similar to those applied by Federal courts in private sector labor-management relations;
the Authority may take such action and make such recommendations concerning the award as it considers necessary, consistent with applicable laws, rules, or regulations.
(b)If no exception to an arbitrator’s award is filed under subsection (a) of this section during the 30-day period beginning on the date the award is served on the party, the award shall be final and binding. An agency shall take the actions required by an arbitrator’s final award. The award may include the payment of backpay (as provided in section 5596 of this title).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1984—Subsec. (b). Pub. L. 98–224 amended subsec. (b) generally, substituting “beginning on the date the award is served on the party” for “beginning on the date of such award”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as an

Effective Date

of 1978 Amendment note under section 1101 of this title.

Reference

Citations & Metadata

Citation

5 U.S.C. § 7122

Title 5, Government Organization and Employees

Last Updated

Sep 22, 2026

Release point: 119-110