DECISION OF THE BOARD OF DIRECTORS
I. Statement of the Case
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 1, 2017 Decision and Order granting the motion of the Charging Party, FOP/U.S. Capitol Police Labor Committee (“Charging Party” or “Union”) for attorney’s fees and costs.
For the reasons that follow, we AFFIRM the Decision and Order.
II. Background
This case has a long and complex procedural history, which concerns the USCP’s termination of the Officer Andrew Ricken in 2013. The USCP is an “employing office” within the meaning of CAA sections 101(9) and 220(a) (1). The Charging Party 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) (“Ricken I”). On June 17, 2015, the Arbitrator issued an Order clarifying and supplementing the May 13, 2014 Award. He directed the USCP to reinstate Officer Ricken immediately, and he determined that Officer Ricken was entitled to $340,487.70 in back pay, less offsets and interest, $648.60 for expenses; and attorney fees in the amount of $265,183 and expenses for $8,723.84. The USCP did not file exceptions to the Arbitrator’s June 17, 2015 Order.
