50:0128(26)AR - - AFGE, Local 2419 and HHS, National Institutes of Health, Division of Engineering Services, Maintenance Engineering Branch - - 1995 FLRAdec AR - - v50 p128



[ v50 p128 ]
50:0128(26)AR
The decision of the Authority follows:


50 FLRA No. 26

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 2419

(Union)

and

U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES

NATIONAL INSTITUTES OF HEALTH

DIVISION OF ENGINEERING SERVICES

MAINTENANCE ENGINEERING BRANCH

(Agency)

0-AR-2626

_____

DECISION

February 14, 1995

_____

Before the Authority: Phyllis N. Segal, Chair; Tony Armendariz and Pamela Talkin, Members.

I. Statement of the Case

This case is before the Authority on exceptions to a supplemental award of Arbitrator Stuart Rothman 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 filed an opposition to the Union's exceptions.

In his supplemental award, the Arbitrator denied the Union's motion for attorney fees. The Union contends that the Arbitrator's denial is contrary to law.

We conclude that the Union has failed to establish that the award is deficient under section 7122(a) of the Statute. Accordingly, we deny the exceptions.

II. Background and Arbitrator's Supplemental Award

In his original award, the Arbitrator sustained, in part, a grievance filed by the Union. As a remedy, the Arbitrator directed the Agency to take certain actions to monitor its compliance with occupational safety and health requirements.

The Union filed a petition for attorney fees pursuant to Article XXIV, Section 11 of the parties' collective bargaining agreement.(1) The Arbitrator denied the Union's petition. The Arbitrator stated that an arbitrator's authority to award attorney fees derives solely from the Back Pay Act, 5 U.S.C. § 5596. The Arbitrator found that the portion of the grievance on which the Union prevailed could not serve as a basi