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57 FLRA No. 201
U. S. Dept. of the Treasury, Internal Revenue Service, New Carrollton, Maryland and NTEU, Chapter 65 (Butler, Arbitrator), 0-AR-3434 (Decided July 29, 2002)
The Arbitrator upheld a grievance that alleged that the Agency failed to provide the grievant with an effective reasonable accommodation under the Rehabilitation Act, 29 U.S.C. § 791, the Agency retaliated against the grievant for filing a prior grievance against her supervisor; and the Agency violated an agreement between the parties by denying the grievant an opportunity to work at home.
The Authority remanded the case to the parties for resubmission to the Arbitrator. On remand, the Arbitrator is to determine whether the grievant was actually handicapped, within the meaning of the Act, and, if so, whether the requirements for reasonable accommodation were satisfied. Additionally, the Arbitrator must determine what relief, if any, the grievant would be entitled to based upon those claims sustained by the Arbitrator.