Click here to view the decision.
58 FLRA No. 36
AFGE, Local 2054 and U.S. Dept. of Veterans Affairs Central Arkansas Veterans Healthcare System North Little Rock, Arkansas (Woodward, Arbitrator), 0-AR- 3504 (Decided October 25, 2002)
The Arbitrator found that the suspension of the grievant was improper, and he ordered that the grievant be made whole. The Arbitrator did not address the Union's requests for attorney fees. The Union's exception was dismissed without prejudice, and the matter of the Union's attorney fees request was remanded to the parties for resubmission to the Arbitrator.
The Authority explained that the Back Pay Act does not require an arbitrator to resolve an attorney fee request in the award resolving the merits of a grievance. In this connection, it is well established that under the Back Pay Act, arbitrators are not required to resolve requests for attorney fees before an award of backpay becomes final and binding. An arbitral award becomes final and binding when there are no timely exceptions filed or when timely-filed exceptions are denied by the Authority. Where an arbitrator's award resolving the merits of a grievance does not resolve a request for attorney fees, the Authority will dismiss without prejudice, as prematurely filed, an exception alleging that the failure to award such fees is deficient. In this case the Authority found that the Union's exception prevented the award from becoming final and binding. Therefore, the Arbitrator was not obligated to resolve the Union's requests.