Afge Local 3599 v. E.E.O.C.

Bryson, Circuit Judge.

In 2017, the Equal Employment Opportunity Commission ("EEOC") removed David Hamilton from his position as an agency mediator. Mr. Hamilton's union filed a grievance challenging the removal. Pursuant to the collective bargaining agreement with the agency, Mr. Hamilton elected to have the challenge to his removal heard by an arbitrator rather than by the Merit Systems Protection Board. Following a hearing, the arbitrator overturned Mr. Hamilton's removal, but denied the union's request for an award of attorney fees. Mr. Hamilton's union, AFGE Local 3599, has petitioned for…