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62 FLRA No. 32
United States Department of the Air Force, Kirtland Air Force Base, Air Force Materiel Command, Albuquerque, New Mexico and American Federation of Government Employees, Local 2263 (Evenson, Arbitrator), 0-AR-3928 (July 12, 2007)
The Arbitrator determined that the Agency violated the parties' collective bargaining agreement in considering the grievant and other employees for vacant positions, and by failing to afford the grievant veterans' preference eligible rights. The Arbitrator ordered that the Agency retroactively appoint the grievant or give him priority consideration for future appointments. The Arbitrator retained jurisdiction for 90 days with regard to the determination of any damages and directed the Agency to pay for reasonable attorney fees and costs incurred by the grievant.
The Authority first determined that the award in this case resolved all of the issues submitted to arbitration, and found the award was not interlocutory. Second, the Authority did not address the agency's exception based on veterans' preference law. The Authority stated that the Arbitrator's award was based on two independent grounds, one of which was not contested. Since the uncontested ground was sufficient to support the award, it was unnecessary to address the contention regarding the veterans' preference law.
Finally, the Authority set aside the award of attorney fees, finding that the Arbitrator's award did not establish or identify how the Agency's actions caused the grievant to lose pay, allowances or differentials.