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57 FLRA No. 97
American Federation of Government Employees, Local 987 and U.S. Dept. of the Air Force, Air Force Materiel Command Robins Air Force Base, Georgia (Marcus, Arbitrator), 0-AR-3324 (Decided September 28, 2001)
The Arbitrator sustained a portion of the Union's grievance which alleged that the Agency violated the Privacy Act, 5 U.S.C. § 552a, with respect to the custody of the grievant's personnel file. The Arbitrator ordered the Agency to take certain remedial action, but rejected the Union's request for damages in favor of the grievant under the Privacy Act on the basis that he had no authority to award such damages. The Authority found that portion of the award deficient and remanded the case to the parties for resubmission to the Arbitrator, absent settlement, for a decision on the merits of the grievant's claim for damages under the Privacy Act.
The Authority found that the Arbitrator had authority to assess money damages under 5 U.S.C. § 552a(g)(4) and that complaints of violations of the Privacy Act fall under the definition of grievance set forth at § 7103(a)(9)(c)(ii) of the statute. The Authority also concluded that the money damages provision of the Privacy Act, 5 U.S.C. § 552a(g)(4), may be enforced at arbitration. Therefore, the Authority found that the damages provision was applicable to arbitration proceedings. Thus, it found that the Arbitrator erred in finding that he did not have authority to assess money damages under 5 U.S.C. § 552a(g). Accordingly, the case was remanded to the parties for resubmission to the Arbitrator, absent settlement, for a decision on the merits of the grievant's claim for damages under the Privacy Act. The Arbitrator was directed on remand to make findings and conclusions consistent with the requirements under § 552a(g).