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56 FLRA No. 26
U.S. Department of Veterans Affairs Medical Center, Ann Arbor, Michigan and AFGE, Local 2092 (Roumell, Arbitrator), 0-AR-3139 (Decided March 30, 2000)
The Arbitrator sustained a grievance alleging that certain employees were entitled to receive environmental differential pay (EDP) for exposure to asbestos. The Authority concluded that the award was not contrary to law. It concluded that the arbitrator's determination that there was no safe level of exposure to asbestos was consistent with applicable legal requirements. However, the Authority found that the portion of the award ordering a specific amount of back pay was deficient. In this regard, the Authority noted that the Arbitrator's calculation of backpay was based on an estimate and was not an specifically calculated amount, as the Back Pay Act requires. The Authority, however, noted that the calculation of the amount of back pay owed did not implicate the requirements of the Back Pay Act, but rather implicated a matter of compliance and implementation. Therefore, as the award of EDP satisfied the requirements of the Back Pay Act in all other respects, the Authority modified this portion of the award only with regard to the amount of back pay owed.
As to the portion of the award ordering the payment of attorney fees, the Authority found that it was consistent is with section 7701(g), noting that the fee award was not premature, and that the Agency was given a reasonable time within which to respond. The award was modified to strike the specific amount of back pay owe··___··d to affected WG employees, and to strike the payment of one third of the employees' back pay as a portion of the attorney fees. The Authority also rejected the allegations that the award was based on a nonfact and that the Arbitrator was biased.