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Arbitration Digest Series

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59 FLRA No. 142

U.S. Dept. of the Army Corps of Engineers Huntington District, Huntington, West Virginia and AFGE, Local 3729 (Skonier, Arbitrator) 0-AR-3751 (Decided March 31, 2004)

      The Authority found that the award, in part, was contrary to law and set aside that portion of the award. The Union's exceptions as to compensatory damages was dismissed. The exception as to attorney fees was dismissed also without prejudice.

      The Authority found that the Arbitrator's award was contrary to the Rehabilitation Act of 1973. The Authority found that the Union's exceptions concerning compensatory damages did not demonstrate that the award was deficient. Lastly, the Authority dismissed the Union's exception concerning attorney fees without prejudice, noting that where an arbitrator does not make any determination regarding a request for attorney fees in an award on the merits of a grievance, an exception filed with the Authority regarding such fees is premature.



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