DECISION OF THE BOARD OF DIRECTORS
I. Statement of the Case
This matter is before the Board on exceptions to a May 1, 2017 grievance arbitration award (“Award”) issued by Arbitrator Andree McKissick filed by the employing office, the United States Capitol Police (“USCP”) 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 FOP/U.S. Capitol Police Labor Committee (“Union”), has filed an opposition to the USCP’s exceptions.
For the following reasons, we deny the USCP’s exceptions.
II. Background and Arbitrator’s Award
The USCP is an “employing office” within the meaning of CAA sections 101(9) and 220(a)(1). The Union is a labor organization and is the duly-certified exclusive representative of the USCP’s officers who are included in the relevant bargaining unit.
On November 6, 2015, the USCP issued a Request for Disciplinary Action for Officer Christopher Donaldson, a member of the bargaining unit covered by the parties’ existing collective bargaining agreement (“CBA”). The Request indicates that the USCP sought to terminate Officer Donaldson based on his “wife’s allegation that he pushed her and she was in fear for her and their child’s life.” The following facts underlying the Request, which are set forth in the instant arbitration award, are undisputed:
Grievant, Officer Donaldson, was a long-term employee of the [USCP], for at least thirteen (13) years with a very good work record and was well-respected by his fellow officers. This was his first disciplinary offense. It was based upon Officer Donaldson’s conduct on December 14, 2014. The record reflects that the catalyst which brought about the charge occurred after a party where both Officer Donaldson and his wife were drinking. Upon arriving home, both prepared to go to bed. A disagreement occurred thereafter based upon the wife’s lack of desire to engage in a sexual encounter.
