32:0757(109)AR - - DODDS, Pacific Region and Overseas Education Association Pacific Region - - 1988 FLRAdec AR - - v32 p757
[ v32 p757 ]
The decision of the Authority follows:
32 FLRA No. 109
UNITED STATES OF AMERICA
FEDERAL LABOR RELATIONS AUTHORITY
DEPARTMENT OF DEFENSE
DEPENDENTS SCHOOLS, PACIFIC REGION
OVERSEAS EDUCATION ASSOCIATION
Case Nos. 0-AR-1343
(30 FLRA 1206)
ORDER GRANTING MOTION FOR RECONSIDERATION
I. Statement of the Case
This matter is before the Authority on a motion filed by the Union seeking reconsideration of that part of the Authority's decision which concerns the award of attorney fees to Ann Hurst, a Union-salaried attorney. The decision modified an award of attorney fees payable to Ms. Hurst. We determined that the method for calculating the amount of fees payable to Ms. Hurst was the cost-plus formula, rather than the prevailing market rate the Arbitrator had used.
Section 2429.17 of the Authority's Rules and Regulations permits a party that can establish extraordinary circumstances to request reconsideration of a decision. For the reasons discussed below, we grant the motion for reconsideration.
In our decision in 30 FLRA 1206, we found that the Arbitrator had used the "lodestar" method for determining the amount of fees to be awarded to Ms. Hurst, an attorney employed by the Union, and to Richard Hirn, an attorney in private practice, both of whom had represented the grievants involved in the case. The "lodestar" method involves a computation of an attorney's customary billing rate multiplied by the number of hours reasonably devoted to a case with appropriate adjustments for any special factors. In his decision, the Arbitrator had carefully scrutinized the requests made by both Ms. Hurst and Mr. Hirn and had awarded specific dollar amounts to each.