DECISION OF THE BOARD OF DIRECTORS
I. Statement of the Case
This matter is before the Board on an exception to a grievance arbitration award (“Award”) by Arbitrator Ezio E. Borchini filed by the American Federation of State, County and Municipal Employees, Council 26, AFL-CIO (“Union”) pursuant to 5 U.S.C. § 7122(a), as applied by section 220(a) of the Congressional Accountability Act (“CAA”), 2 U.S.C. § 1351(a), and part 2425 of the Substantive Regulations of the Office of Compliance (“OOC”). The employing oflice, the Office of the Architect of the Capitol (“AOC”), has filed an opposition to the Union’s exception.
For the following reasons, we grant the Union’s exception and remand this matter to the parties, absent settlement, for resubmission to the Arbitrator.
II. Background and Arbitrator’s Award
The AOC imposed a IO-day suspension on Anthony N. Walcott, a Material Handler, for alleged misconduct. The Union filed a grievance challenging the suspension. After a hearing, the Arbitrator sustained the grievance in part and denied it in part. He mitigated the suspension to 7 days, thus awarding the grievant 3 days of back pay. The Award further stated that “[t]he circumstances warrant that attorney fees and expenses are not awarded, and that arbitration fees and expenses are to be shared equally by the parties.” Award at 24.
III. The Union’s Exception
The Union seeks review of the Arbitrator’s Award on the ground that the portion concerning attorney fees is deficient and contrary to law. Specifically, the Union contends that the Award is contrary to the Back Pay Act, 5 U.S.C. § 5596, because it fails to provide a fully articulated, reasoned decision on the attorney fee issue, and that it is also contrary to 5 U .S.C. § 7701(g) because it does not consider whether an award of fees is in the interest of justice. The Union contends that “it is in the interests of judicial efficiency for the Board to address the Union’s request for fees in full.” The AOC has filed a submission in opposition to the Union’s exception contending that it should be denied, or, in the alternative, that the attorney fee issue should be remanded to the parties for resubmission to the Arbitrator.
