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collective bargaining agreement contract between - Bureau of Indian ...

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C. The parties will furnish names <strong>of</strong> any witnesses and representatives, their installation and worklocation, if not located at site, to the other party at least ten (10) work days in advance <strong>of</strong> thearbitration. If witnesses are added to the list after the 10-day deadline, the other party will beinformed in writing immediately. When witnesses are outside a 200-mile radius, the parties willattempt to obtain testimony without requiring witness travel.Section 18. Attorney’s FeesReasonable attorney fees may be awarded, notwithstanding Section 4 <strong>of</strong> this Article if they could beawarded based upon criteria outlined in 5 USC 7701(g)(l). If the arbitrator determines that payment iswarranted in the interest <strong>of</strong> justice in any case in which a prohibited personnel practice was engaged inby the Agency or where the Agency’s action was clearly without merit, such fees may not exceed thesalary <strong>of</strong> the attorney representative for the time actually devoted to the case if the representative is anemployee <strong>of</strong> the Union.Section 19. ExceptionsA. Either party may file an exception to an arbitrator’s award with the Federal Labor RelationsAuthority under procedures established by the authority. A copy <strong>of</strong> any filed exceptions will beprovided to the other party at the time <strong>of</strong> filing; orB. Either party may seek judicial review <strong>of</strong> the arbitrator’s decision on matters which could havebeen appealed to the MSPB within thirty (30) calendar days <strong>of</strong> the issuance <strong>of</strong> the decision.C. Either party may seek review as outlined above, but in the event a review is filed only on theattorney fees and expenses portion <strong>of</strong> the award, the remedy shall be effected immediately.Section 20. Back Pay AwardsAwarding <strong>of</strong> back pay by an arbitrator will be in accordance with the Back Pay Act.93

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