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60 FLRA No. 108
U. S. Dept. of the Navy, Naval Surface Warfare Center, Indian Head Division and AFGE, Local 1923 (Bloch, Arbitrator) 0-AR-3866 (Decided December 30, 2004)
The Arbitrator sustained a grievance alleging that the Agency violated the parties' agreement by failing to distribute overtime to the grievant in a fair and equitable manner. As part of his remedy, the Arbitrator awarded attorney fees to the Union. The Authority set aside the award of attorney fees, and denied the remaining exceptions.
The Authority first concluded that the Arbitrator's procedural arbitrability determination was not deficient, nor that he had exceeded his authority. As to the award of attorney fees, the Authority concluded that it was contrary to law. The Authority noted that it has long held that an award of attorney fees must be pursuant to specific statutory authorization. In this regard, the Back Pay Act specifically authorizes awards of attorney fees. However, awards of attorney fees under the Back Pay Act must be in conjunction with an award of pay, allowances, or differentials. There was no dispute that the Arbitrator did not award backpay or any other monetary relief. Therefore, the award of attorney fees was not authorized by the Back Pay Act.