20:0746(87)AR - National Association of Air Traffic Specialists and FAA, Washington Flight Service Station -- 1985 FLRAdec AR



[ v20 p746 ]
20:0746(87)AR
The decision of the Authority follows:


 20 FLRA No. 87
 
 NATIONAL ASSOCIATION OF 
 AIR TRAFFIC SPECIALISTS
 Union
 
 and
 
 FEDERAL AVIATION ADMINISTRATION, 
 WASHINGTON FLIGHT SERVICE STATION
 Activity
 
                                            Case No. 0-AR-1029
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Leon Applewhaite filed by the Agency under section 7122(a) of
 the Federal Service Labor-Management Relations Statute and part 2425 of
 the Authority's Rules and Regulations.
 
    The grievance submitted to arbitration involved the five-day
 suspension of the grievant.  The Arbitrator as his award in this respect
 found that there was not just cause for the suspensioN and directed that
 the grievant receive backpay with applicable benefits for the period of
 the suspension.  Thereafter, the grievant requested an award of attorney
 fees.  In a subsequent order the Arbitrator after quoting the relevant
 provisions of the Back Pay Act, 5 U.S.C. 5596, /1/ determined that the
 "application of these criteria to the instant case results in an
 entitlement to the requested fees," and consequently he awarded attorney
 fees in the amount of $6,790.  The Agency has filed exceptions to the
 award of attorney fees.
 
    As