EEOC May Owe Union’s Legal Fees in Mediator Dismissal Case (2)

A union that represents government employees may recoup its attorneys’ fees for helping an ousted Equal Employment Opportunity Commission mediator get his job back, the Federal Circuit ruled March 29.

The arbitrator who granted reinstatement to David Hamilton failed to explain why AFGE Local 3599 wasn’t entitled to attorneys’ fees as the prevailing party, the appeals court said. That left no way to tell whether a valid reason existed for denying the award, the court said.

“The Federal Circuit remanded the case because the arbitrator denied the attorney fee petition without giving an explanation why—and it is the arbitrator’s job ...