The Third Circuit ruled that the functus officio doctrine is alive and well. That doctrine prohibits arbitrators from revisiting their decisions without the parties’ consent. Union Verizon employees brought a grievance against their employer because Verizon altered their options for customers who wanted a new set-top box. Previously, the only option was for union employees to deliver and install the boxes. But among other new options, customers could have a new set-top box mailed to them for self-installation. An arbitrator determined that using the postal service to deliver the set-top boxes violated the collective bargaining agreement, which required that a union employee complete service. But when the parties could not resolve the issue of damages amicably, they returned to the arbitrator. The arbitrator then ruled that the customers’ self-installation of those set-top boxes also violated the CBA. The Third Circuit held that the second ruling violated the functus officio doctrine by expanding the first (and final) merits ruling.
