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Ollett v. Department of the Air Force

Arbitrator's decision denying petitioner back pay vacated and remanded for determination of whether personnel action taken against petitioner was justified; if arbitrator finds personnel action was unjustified, he must award back pay.

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James T. Ollett petitions for review of the decision of an arbitrator denying him back pay. We vacate and remand.

The facts of this case are set forth in detail in our previous decision in Ollett v. Department of Air Force, 253 F.3d 692 (Fed. Cir. 2001) (“Ollett I”). Briefly, the pertinent facts are as follows.

Ollett was employed as a firefighter by the Department of the Air Force (“Air Force”) at Hill Air Force Base, Utah. Ollett’s actions giving rise to this charge all occurred while he was off-duty and on a temporary duty assignment in Texas. While he was in Texas, Ollett was arrested and charged with a second-degree felony. After he pled guilty to the charge, the Air Force removed Ollett from his position as a firefighter at the Utah base effective November 1, 1999. Ollett grieved his removal, and his grievance went to arbitration. While stating that “`[t]here is no doubt that the Grievant exercised dreadfully poor judgment in his actions,’” Ollett v. Dep’t of Air Force, No. 01-3053, at 2 (July 2, 2001) (Staudohar, Arb.) (letter to Messrs. Ollett and Wecker) (“Ollett II”), the arbitrator concluded that “the removal . . . was not for just cause nor was it in the interest and efficiency of the service,” Ollett v. Hill Air Force Base, FMCS Case No. 00-07189, slip op. at 16 (Oct. 6, 2000) (Staudohar, Arb.). The arbitrator also found that Ollett could return to a comparable position if his Air Force security clearance were reinstated, but the arbitrator denied back pay or benefits. Id.

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