DECISION OF THE BOARD OF DIRECTORS
This case is before the Board of Directors (“Board”) pursuant to a petition for review (“PFR”) filed by the Office of Compliance General Counsel (“General Counsel”) which seeks review of the Hearing Officer’s April 27, 2017 Order that granted the U.S. Capitol Police’s (“USCP”) motion to dismiss for failure to state a claim upon which relief can be granted.
Upon due consideration of the Hearing Officer’s Order, the parties’ briefs and filings, and the record in these proceedings, the Board affirms the Hearing Officer’s Order.
I. Statement of the Case
The USCP is an “employing office” within the meaning of the Congressional Accountability Act (“CAA”). The Charging Party, FOP/U.S. Capitol Police Labor Committee (“Union”), is a labor organization and is the duly-certified exclusive representative of the Respondent’s officers who are included in the relevant bargaining unit.
On April 14 and December 5, 2016, the Union filed the consolidated Unfair Labor Practice (“ULP”) charges that form the basis for the General Counsel’s Complaint in this case. The charges alleged that the USCP violated the Federal Service Labor Management Relations Statute (“FSLMRS”), 5 U.S.C. §§ 7116(a)(l) and (8), as applied by section 220 of the CAA, 2 U.S.C. §1351, by failing to comply with arbitration awards issued on June 5 and October 27, 2015 (“2015 Arbitration Awards”), which required the USCP to pay the grievant, Officer J.S. Dixon, $2509.65 in backpay and interest. Specifically, the General Counsel’s Complaint alleged that:
(1) Sometime before December 14, 2016, the USCP paid Dixon $1800.41 of the $2509.65 backpay award, and on December 19, 2016, the USCP sought reimbursement for that payment from the Office of Compliance (“OOC”).
(2) Former OOC Executive Director Barbara Sapin advised the USCP on December 23, 2016 that, per OOC procedures, the OOC would reimburse the USCP for the backpay payment to Dixon only after the USCP paid Dixon the full backpay amount.
