File 2: Opinion of Member Pope
[ v61 p365 ]
Opinion of Member Pope, dissenting in part:
I agree with the majority that the Agency's exception was timely filed and is not interlocutory. I also agree the award is deficient insofar as it finds a violation of the Rehabilitation Act and grants compensatory damages. However, I disagree that the award of backpay should be set aside. Instead, I would remand the award to the Arbitrator for a clarification. Therefore, for reasons more fully explained below, I dissent in part.
Under longstanding Authority precedent, where the Authority is unable to determine whether an arbitrator's award is deficient, the Authority remands the award to the parties for resubmission to the arbitrator, absent settlement, for a clar