48:0657(66)AR - - National Border Patrol Council, Local 2913 and Justice, INS Border Patrol - - 1993 FLRAdec AR - - v48 p657

48 FLRA No. 66

Before Chairman McKee and Members Talkin and Armendariz.

I. Statement of the Case

This matter is before the Authority on an exception to an award of Arbitrator James L. Macpherson filed by the Union 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 did not file an opposition to the Union's exception.

The Union filed a grievance seeking to reverse the grievant's 5-day suspension for alleged misconduct in giving careless and negligent testimony in a proceeding in Federal court. The Arbitrator sustained the grievance and ordered the Agency to rescind the grievant's suspension, restore his salary and benefits, and remove materials relating to his suspension from his personnel file. Additionally, the Arbitrator denied the Union's request that the backpay include interest.

For the following reasons, we conclude that the portion of the award denying interest on the backpay is deficient because it is contrary to law. Acco