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60 FLRA No. 153
U. S. Dept. of Homeland Security Customs and Border Protection Agency New York, New York and AFGE, Local 1917 (Fuqua, Arbitrator) Case No. 0-AR-3865 (Decided March 31, 2005)
In the merits award, the Arbitrator found that the Agency violated the parties' agreement by suspending the grievant for 10 days without just and sufficient cause and awarded backpay. Subsequently, the Arbitrator awarded the Union attorney fees. The Authority denied the Agency's exceptions to the merits award and remanded the award of attorney fees to the parties for resubmission to the Arbitrator, absent settlement, to clarify the basis of the award.
The Authority found that the Arbitrator did not lack jurisdiction to award attorney fees, however, the award was remanded to the arbitrator for clarification. The Authority noted that where an arbitrator fails to properly explain an award of attorney fees, it remands the matter to the parties for resubmission to the arbitrator to clarify the basis of the fee award. The Authority rejected the allegations that the award was based on a nonfact, that it failed to draw its essence form the agreement, or that the Arbitrator failed to conduct a fair hearing.