DECISION OF THE BOARD OF DIRECTORS
This case is before the Board of Directors (“Board”) pursuant to pursuant to petitions for review filed by the Office of Compliance General Counsel (“General Coinsel”) and the U.S Capitol Police Labor Committee (“FOP”). The General Counsel seeks reviewof the Hearing Officer’s September 29, 2015 Order, which granted the U.S. Capitol Police’s (“USCP”) motion to dismiss. The FOP seeks review of the same. The Hearing Officer concluded that the FOP did not file the unfair labor practice charge within 180 days of becoming aware of the alleged unfair labor practice, and therefore granted the USCP’s motion and dismissed the complaint.
Upon due ·coijsideration of the Hearing Office’s Order, the parties’ briefs and filings;· and the record in these proceedings, the Board reverses the dismissal. of the complaint and remands for further· proceedings.
I. Background
Arbitration Award and Exceptions
According to the General Counsel’ s complaint, the FOP filed a grievance on behalf of discharged USCP. Officer Andrew Ricken in accordiance with the Collective Bargaining Agreement (“CBA”) between the FOP and the USCP.
On May 13, 2014, the Arbitrator issued an Award (“Arbitrator’s 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.
The USCP later filed with the Board eight exceptions to the May 13, 2014 Arbitrator’s Award. On December 12, 2014, the Board denied the USCP’s exceptions. See FOP/U.S. Capitol Police Labor Committee v. The United States Capitol Police, 14-ARB-01 (Dec. 12, 2014).
After the Board denied exceptions filed by the USCP to the Arbitrator’s Award, the Arbitrator, by letter dated December 16, 2014, informed the parties that he was removing the stay that had been put on the implementation of his May 13, 2014 Award. The Arbitrator directed the USCP to reinstate Officer Ricken and provide the FOP with documentation in response to the FOP’s earlier May 22, 2014 information request.
