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59 FLRA No. 141
U. S. Dept. of Justice, Federal Bureau of Prisons Metropolitan Detention Center Guaynabo, Puerto Rico and AFGE, Council of Prison Locals, Local 4052, (Greenbaum, Arbitrator) 0-AR-3701 (Decided March 31, 2004)
In the Arbitrator's interim opinion and award, he granted a grievance alleging that the Agency violated the parties' collective bargaining agreement and Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., by the actions of a supervisor who engaged in acts of sexual harassment against female employees, and in particular against a certain female correctional officer. The Arbitrator remanded the remedies issue to the parties, including the question of compensatory damages, and retained jurisdiction in the event of any dispute.
In the final award, the Arbitrator sustained the grievance and ordered remedies for the female employee, including: compensatory damages; various protective measures; and restrictions on the supervisor's interaction with the employee, including the requirement that the supervisor could not supervise the employee under any circumstances and that he had to remain more than 10 feet from her at all times and not speak to her except with regard to work-related matters.
The Agency's exceptions challenged only the restrictions on the supervisor's interaction with the employee. The Authority denied the exceptions finding that the contested remedies were not contrary to law.