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62 FLRA No. 20
United States Department of the Army, United States Army Dental Activity Headquarters, XVIII Airborne Corps & Fort Bragg, Fort Bragg, North Carolina and American Federation of Government Employees, AFL-CIO, Local 1770 (Williams, Arbitrator), 0-AR-4028 (April 23, 2007)
The Arbitrator sustained, in part, grievances involving 5-day suspensions for three grievants. The Arbitrator ordered that the suspensions be canceled, that the grievants receive backpay, and that the grievants receive written reprimands. In that regard, the Arbitrator held that 5 U.S.C. § 7503(a) required progressive discipline. The Arbitrator also awarded the Union attorney fees.
On exceptions filed by the Agency, the Authority vacated the award, holding that the Arbitrator's decision was based on a misinterpretation of 5 U.S.C. § 7503(a). The case was remanded to the parties for resubmission to the Arbitrator to evaluate the grievances under the proper standards. The Authority also vacated the award of attorney fees without prejudice to the Union's filing for fees on remand should the Arbitrator again order backpay.