DECISION OF THE BOARD OF DIRECTORS
This case is before the Board pursuant to a petition for review (“PFR”) filed by the United States Capitol Police (“Respondent or USCP”) of the Hearing Officer’s November 17, 2016 Decision on Motions for Summary Judgment, which found that the Respondent committed an unfair labor practice in violation of section 220(a) of the Congressional Accountability Act (“CAA”) (2 U.S.C. § 1351) and 5 U.S.C. §§ 7116(a)(1) and (8) when it failed to fully implement a May 13, 2014 Arbitration Award, as supplemented and clarified by the Arbitrator’s June 17, 2015 Order.
Upon due consideration of the Hearing Officer’s Decision, the parties’ briefs and filings, and the record in these proceedings, the Board affirms the Hearing Officer’s Decision.
I. Statement of the Case
Unless otherwise indicated, the following facts, as set forth in the Hearing Officer’s Decision, are undisputed:
The USCP is an “employing office” within the meaning of CAA sections 101(9) and 220(a) (1). 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 July 22, 2013, the Union filed a grievance in accordance with the procedures set forth in the governing collective bargaining agreement (CBA), which challenged the termination of USCP Officer Andrew Ricken.
The Arbitrator issued an Award on May 13, 2014, which reduced Officer Ricken’s termination to a 30-day suspension and granted him lost wages and benefits. The USCP filed eight exceptions to the Award with the Board, which were denied. FOP/U.S. Capitol Police Labor Comm. v. U.S. Capitol Police, No. 14-ARB-01, 2014 WL 7215202 (OOC Dec. 12, 2014). Thereafter, by letter dated December 16, 2014, the Arbitrator informed the parties that he was removing the stay on the implementation of the Award. The Arbitrator directed the USCP to reinstate Officer Ricken and provide the Union with documentation in response to its earlier May 22, 2014 information request concerning remedy.
