DECISION OF THE BOARD OF DIRECTORS
This matter concerns compliance with an order from the Board of Directors of the Office of Congressional Workplace Rights (OCWR), which was confirmed and ordered enforced by United States Court of Appeals for the Federal Circuit. At the outset, the Board recognizes that in November 2019, it issued a decision regarding compliance with an arbitration award awarding back pay, expenses and attorney’s fees and costs to Officer Ricken in a substantially similar case: 15-LMR-02 (CA).
As in the Ricken case, here both parties agreed to have the Board resolve their dispute and have submitted position papers for the Board’s consideration. In their position papers, each party has taken the same position with regard to the arbitration award in 16-LMR-01 (CA) (awarding Officer Christopher Donaldson back pay, expenses, and attorney’s fees and costs) that they took with regard to the arbitration award in Ricken. Also similar to Ricken, this case has a long and complicated procedural history, which is very briefly summarized below.
In this case, Officer Christopher Donaldson was terminated by the United States Capitol Police (USCP) in June 2016. Officer Donaldson elected to contest the termination at arbitration. The USCP initially refused to select an arbitrator, however, and the Union filed the above-captioned unfair labor practice (ULP) charge. After duly investigating the charge, the OCWR General Counsel filed a complaint. Both a Hearing Officer and the OCWR Board agreed that the USCP’s failure to select an arbitrator constituted a ULP, and the Board issued a final decision on September 26, 2017. The USCP appealed that decision to the United States Court of Appeals for the Federal Circuit, and the Court affirmed the Board’s decision in May 2019 and granted the Board’s petition for enforcement.
While the ULP case regarding the USCP’s failure to arbitrate was pending, the USCP agreed to select an arbitrator and proceed to arbitration. In May 1, 2017, the Arbitrator issued an award reinstating Officer Donaldson and ordering back pay.
