15:0281(62)AR - AFGE Local 2667 and EEO Commission -- 1984 FLRAdec AR



[ v15 p281 ]
15:0281(62)AR
The decision of the Authority follows:


 15 FLRA No. 62
 
 AMERICAN FEDERATION OF 
 GOVERNMENT EMPLOYEES, 
 LOCAL 2667
 Union
 
 and
 
 EQUAL EMPLOYMENT OPPORTUNITY
 COMMISSION
 Agency
 
                                            Case No. O-AR-292
 
                                 DECISION
 
    This matter is before the Authority on an exception to the award of
 Arbitrator James M. Harkless filed by the Union under section 7122(a) of
 the Federal Service Labor-Management Relations Statute and part 2425 of
 the Authority's Rules and Regulations.  The Agency filed an opposition.
 
    The dispute in this matter concerns the grievant's 14-day suspension
 on charges of failure to obey an order, insubordination, and dereliction
 in the performance of her assigned duties.  A grievance was filed and
 submitted to arbitration protesting the suspension.  The Arbitrator
 determined that the suspension was not for sufficient cause.
 Accordingly, he sustained the grievance, set aside the suspension, and
 awarded the grievant backpay for the salary that was improperly withheld
 by reason of the suspension.  However, he denied the Union's request for
 an award of attorney fees because he determined that the grievant's
 conduct warranted an admonishment.  The Union has filed an exception to
 the Arbitrator's denial of attorney fees.
 
    In its exception the Union contends that the denial of attorney fees
 is contrary to th