SSA Employee Wins 248 hours of Religious Compensation Time

On May 8, 2009 the FLRA dismissed the agency’s exceptions and confirmed an arbitrators award granting the grievant 248 hours of Religious Compensation Time.  In this case attorneys Eric Pines and Phillip Kete represented an SSA employee in an EEO grievance who had requested time off for religious reasons.  The agency had denied her requests stating that the “requests pose a hardship on the agency.”  The arbitrator awarded the employee 248 of religious compensation time after ordering an adverse inference be drawn from an agency supervisors sworn testimony which was contradicted by other employees at the hearing.  The arbitrator awarded the grievant her 248 hours and the Union attorneys fees.  The agency appealed and the FLRA upheld the arbitrators decision.