16:1079(140)AR FLRA CASE INFORMATION SHEET      DIGEST HEADINGS      SUBJECT MATTER INDEX ENTRIES      STATUTE      DIGEST NOTES DECISION -- 1984 FLRAdec AR



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16:1079(140)AR
The decision of the Authority follows:


16 FLRA NO. 140

AUDIE L. MURPHY VETERANS
ADMINISTRATION HOSPITAL,
SAN ANTONIO, TEXAS

     Activity

     and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL NO. 3511

     Union

Case No. 0-AR-844

 

DECISION

This matter is before the Authority on an exception to the arbitration award, as clarified, of Arbitrator Albert V. Carter 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 arbitration award as to which the exception has been filed constitutes the Arbitrator's clarification of his award denying attorney fees. This clarification was rendered pursuant to the request of the Activity and in accordance with the Authority's decision remanding the award to the parties with the direction that a clarification of the award be obtained. 15 FLRA No. 60 (1984). In his clarification the Arbitrator noted that a threshold requirement under the Back Pay Act, 5 U.S.C. 5596, for an award of attorney fees is that the grievant has been affected by an unjustified or unwarranted personnel action that has resulted in the withdrawal or reduction of the grievant's pay, allowances, or differentials and that the award of attorney fees must be in conjunction with an award of backpay on correction of that unwarranted action. In this respect the Arbitrator stated that he had not found that the grievant's pay, Allowances, or differentials had been withdrawn or reduced and that he had not awarded backpay to the grievant. The Arbitrator further noted that attorney fees must be incurred by the aggrieved employee and that he had no evidence that the grievant incurred any attorney fees relative to this matter. Thus, the Arbitrator as his clarification articulated these reasons for his refusal to award attorney fees. [ v16  p1079 ]

In its exception the Union principally contends that the award is deficient as contrary to the standards respecting the award of attorney fees by arbitrators set forth in the decision of the Authority remanding the award. The Union however fails to establish that the award, as clarified, is in an