DECISION OF THE BOARD OF DIRECTORS
This case involves 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 Officer J.S. Dixon (“Dixon”). The USCP suspended Dixon for five days without pay for insubordination when he failed to show up for work on Inauguration Day on January 21, 2013. On June 6, 2015, the Arbitrator found that Dixon was insubordinate, but reduced his suspension to a forfeiture of 24 hours of leave. The Arbitrator also found that Dixon was entitled to full back pay and benefits for the five-day suspension he served. The Arbitrator also granted Dixon’s request for attorney fees. Finally, the Arbitrator retained jurisdiction for 60 days to decide any issues relating to his award or resolve any disputes regarding reasonable attorney fees.
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. 135l{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
Dixon has been working for the USCP as a private first class police officer for approximately 16 years. He generally works at the Library of Congress (“LOC”) Library Division. Prior to 2013, Dixon had never been disciplined.
In early January 2013, Dixon alleged that he had diabetes and had been seeking medical assistance for his condition. He claimed that his condition made it difficult for him to stand for long periods of time. Dixon maintained that he was able to perform his patrol duties at the LOC because he had opportunities to sit if his feet hurt.
Inauguration Day was scheduled to take place on Monday, January 21, 2013. This would be the second Inauguration for President Barack Obama. The USCP describes Inauguration Day as the “Super Bowl” of events for the USCP.
