DECISION OF THE BOARD OF DIRECTORS
This case involves eight exceptions filed by the U.S. Capitol Police (“USCP”) to an arbitration award, arising out of a grievance submitted by the FOP/U.S. Capitol Police Labor Committee (“Union”), on behalf of Andrew Ricken (“Ricken”), who was terminated by the USCP on June 28, 2013, for alleged conduct unbecoming of an officer. On May 13, 2014, the Arbitrator issued an award which found the grievance sustained in part and denied in part. The Arbitrator reduced Ricken’s firing to a 30-day suspension and granted him lost wages and benefits (less other payroll related earnings from the time of his discharge to the present).
The Board of Directors has reviewed this matter pursuant to the requirements of 5 U.S.C. 7122, as adopted by section 220(a) of the Congressional Accountability Act [2 U.S.C. 1351(a)], and Part 2425 of the Regulations of the Office of Compliance. For the reasons set forth below, we deny the USCP’s exceptions to the Arbitrator’s award.
A. Background
September 29 & 30, 2011
In January 2007, Ricken began working for the USCP as a police officer. He was responsible for security-related duties both inside and around the U.S. Capitol Building.
On September 29, 2011, after Ricken finished his tour of duty, he drove his personal car to a Washington, D.C. restaurant to have food and drinks with two co-workers. Ricken was not in his police uniform, and remained at the restaurant for several hours after his co-workers left.
At approximately 12:30 a.m., Ricken left the restaurant with two female Catholic University (“CU”) students. Ricken drove the two female students to CU’s campus. After arriving at the campus, Ricken removed his loaded firearm from his car trunk and placed the firearm on his hip. Ricken alleged that one of the female students invited him to come to her dormitory room. He claimed that he left for his car after the female student gave him directions to leave campus. At or around this time, a male student called 911 because he saw Ricken on campus with his gun exposed. As Ricken began driving away, CU police in two marked CU police cars (with their emergency lights activated) began pursuing Ricken to stop him. Also, CU police initiated a campus-wide lockdown and directed students to shelter in place.
