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55 FLRA No. 31
U. S. Small Business Administration and AFGE, Local 2951 (Heller, Arbitrator), 0-AR-2987 (Decided January 29, 1999)
The Arbitrator sustained a grievance challenging the grievant's reprimand and transfer, and ordered the Agency to make the grievant whole, remove the discipline, reimburse all costs, and place the grievant in a new position. The Authority granted the Agency's exceptions in part, denied them in part, and remanded in part.
Regarding the issue of attorney fees, the Authority found that the award did not meet the requirements of the Back Pay Act, and that therefore, an order of attorney's fees in this case was contrary to law. Thus, to the extent the award covered attorney's fees, it was set aside.
With respect to the Agency's claim that the award of costs failed to draw its essence from the collective bargaining agreement, the Authority found that nothing in the agreement specified that one party may be ordered to pay more of the costs than the other party. Therefore, the Authority found that this portion of the award was deficient because it failed to draw its essence from the agreement. Accordingly, the award was modified to comport with the language of the agreement, so that costs would be borne equally by the parties.
The Authority also found that the portion of the award ordering the grievant's placement was not moot. The Authority found that the Arbitrator properly addressed an issue that was before him. The Authority remanded for clarification the portion of the award ordering the grievant's placement. The Authority stated that, in order to apply Authority precedent, it was necessary to identify the law or contract provision that the arbitrator determined was violated. Because there was a "possible" connection to the parties' agreement, the Authority remanded the award for clarification of the basis of the award. Lastly, the Authority rejected the allegation that the grievant's placement was based on nonfact