32:0750(107)AR - - FAA, National Aviation Facilities Experimental Center and NFFE Local 1340 - - 1988 FLRAdec AR - - v32 p750



[ v32 p750 ]
32:0750(107)AR
The decision of the Authority follows:


32 FLRA No. 107

UNITED STATES OF AMERICA
BEFORE THE
FEDERAL LABOR RELATIONS AUTHORITY
WASHINGTON, D.C.

 

FEDERAL AVIATION ADMINISTRATION
NATIONAL AVIATION FACILITIES
EXPERIMENTAL CENTER
Agency

and 

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 1340
Union

Case No. 0-AR-1492

DECISION

I. Statement of the Case

This matter is before the Authority on an exception to the arbitration award of Arbitrator Ernest Weiss. The Arbitrator denied the Union's request for an award of attorney fees.

The Union filed an exception to the award under section 7122(a) of the Federal Service Labor-Management Relations Statute (the Statute) and part 2425 of the Authority's Rules and Regulations. The Agency filed an opposition.

We conclude that the award is contrary to law. As explained below, the Arbitrator failed to apply the correct standard under 5 U.S.C. § 7701(g)(1) for determining whether the Union's request is warranted in the interest of justice. We remand the award to the parties for further proceedings consistent with this decision.

II. Background

In a prior grievance award, the Arbitrator vacated the 3-day suspension of the grievant and awarded the grievant 3 days of backpay. The grievant had been charged with negligent work performance and giving false information to his supervisor. On the basis of the evidence and testimony, the Arbitrator found that the Activity had not proved the two charges. Arbitrator's Decision at 6. Accordingly, the Arbitrator ruled that the suspension "was not taken for such cause as will promote the efficiency of the service." Award of Arbitrator.

The Union then filed a request for an award of attorney fees with Arbitrator Weiss under 5 U.S.C. §§ 5596 and 7701(g). The Arbitrator's award resolving the request for attorney fees is in dispute in this case.

III. Arbitrator's Award