23:0411(59)AR - IRS, Baltimore District Office and NTEU and NTEU Chapter 62 -- 1986 FLRAdec AR



[ v23 p411 ]
23:0411(59)AR
The decision of the Authority follows:


 23 FLRA No. 59
 
 INTERNAL REVENUE SERVICE
 BALTIMORE DISTRICT OFFICE
 Activity
 
 and
 
 NATIONAL TREASURY EMPLOYEES 
 UNION AND NTEU CHAPTER 62
 Union
 
                                            Case No. 0-AR-822
                                            (21 FLRA No. 107)
 
                                   ORDER
 
    This matter is before the Authority at this time on requests filed by
 the Union asking the Authority to issue a general statement of policy or
 guidance on the issue of whether a labor organization is entitled to
 market value attorney fees where the fees received are paid into a
 separate litigation account used solely for litigation purposes and
 seeking reconsideration of the Authority's decision of May 22, 1986,
 modifying the Arbitrator's award in this case.  /1/
 
    In his supplemental opinion and award, /2/ the Arbitrator determined
 that attorney fees were warranted in the interest of justice for the
 legal services rendered in conjunction with certain allegations giving
 rise to the underlying grievance.  The Arbitrator granted the Union's
 application for attorney fees in part and ordered that the Union be
 compensated for the allowable time at an hourly rate at or near the
 prevailing rate of legal compensation in the locality.  In its
 exceptions to the supplemental award, the Activity a