PRIVATE ARBITRATION

Clerks As Listed On Exhibit "A",

Claimants
v.
Fulton County,
Respondent
)
)
)
)
)
)
)
)
)
)
Before Private Arbitrator
Robert N. Dokson, Esq.
ORDER NO. 10 - FINAL AWARD OF ARBITRATOR WITH FACTS, OPINIONS AND
CONCLUSIONS ON RELEVANT ISSUES
I, THE UNDERSIGNED ARBITRATOR, having been designated in accordance with (i)
the applicable Fulton County Employee Grievances procedure set forth in the Fulton County
Policies And Procedures Manual ("the Grievance Procedure") and (ii) the agreement of the
parties as set forth in a letter among counsel for the parties and the Arbitrator dated February 2,
2011, and having heard the proofs and allegations of the parties, including testimonial evidence
(by live witnesses and by witnesses testifying through submitted deposition and grievance
procedure hearing transcripts, and affidavits) and documentary evidence, and having further
received certain stipulations of the parties as to certain calculations, and having further received
arguments of counsel (both via written submissions and through extensive oral arguments), do
hereby render this Final Award of Arbitrator ("Final Award") as follows:
1. Issues Presented To Arbitrator; Ratification and Re-Adoption of Earlier Orders.
The Grievance Procedure provides in relevant part as follows:
"[t]he decision of the Arbitrator shall be
in writing and set forth the facts, opinion
and conclusion on relevant issues.
This arbitration involves a pay grievance by the Claimants. In a nutshell, the Claimants
all of whom are current or former Judicial Staff Attorneys ["JSAs"] employed as such for judges
serving on either the Superior Court or State Court of Fulton County - contend that they are
entitled to certain relief as a result of being paid at a lower rate or range of pay than that paid to
staff attorneys in the County's County Attorney Office (hereinafter "CASAs").
The parties agreed that this arbitration proceeding should be divided into two phases. In
Phase One, the Arbitrator was to decide the question of liability. In Phase Two (if necessary),
the Arbitrator was to decide the issue of relief in the event he found Respondent liable in the
Phase One determination.
On August 25,2011, the Arbitrator issued Order No.4 - Interim Award of Arbitrator On
Phase One [Liability Phase] With Facts, Opinions and Conclusions On Relevant Issues. In Order
No. 4,the Arbitrator ruled in favor of the Claimants and sustained the Claimants' pay grievance
as to liability. A true and correct copy of Order No.4 is attached to this Order No.1 0 as Exhibit
"B", and is incorporated herein by reference to set forth in this Final Award the "facts, opinion
and conclusion" of the Arbitrator as to liability.
After Phase One was decided, the parties agreed that the following issues remained for
determination:
(i) Whether the Claimants' claim for back pay and other monetary relief was
barred by the doctrine of sovereign immunity ("the Sovereign Immunity
Issue");
(ii) Whether the Claimants were entitled to awards of interest ("the Interest
Issue");
(iii) Whether the Claimants were entitled to an award of attorneys' fees ("the
Attorneys' Fee Issue"); and
[2]
(iv) Whether the Claimants were entitled to an award of their expenses of
arbitration ("the Arbitral Expenses Issue,,).l/
On December 29,2011, simultaneously with the issuance of this Order No. 10, the
Arbitrator also issued Order No.9 - Interim Award of Arbitrator On Issues of Sovereign
Immunity, Interest, Attorneys' Fees and Arbitral Expenses With Facts, Opinions and
Conclusions. In Order No.9, the Arbitrator determined as follows:
(i) that the Claimants' claims for back pay, interest and back pension and
related benefits are not barred by sovereign immunity;
(ii) that the Claimants are entitled to an award of pre-judgment and post-
judgment interest;
(iii) that the Claimants are not entitled to an award of attorneys' fees; and
(iv) that the Claimants are not entitled to an award of arbitral expenses.
A true and correct copy of Order No.9 is attached hereto as Exhibit "D" and is incorporated
herein by reference to set forth in this Order No. 10 the "facts, opinion and conclusion" of the
Arbitrator as to the Sovereign Immunity Issue, the Interest Issue, the Attorneys' Fee Issue and
the Arbitral Expenses Issue.
With this background, and based on (i) the Arbitrator's determinations as set forth in
Order No.4 and Order No.9, and (ii) the parties Summary of Damages stipulation as set forth in
Exhibit "c" attached hereto, the Arbitrator now enters the following Final Award and grants the
following relief, all as set forth in Part II below:
1/ As to the Claimants' claims for back pay, interest, and back pension and related benefits, the parties stipulated
the applicable mathematical calculations as to each Claimant's claim, if the Arbitrator found that the Sovereign
Immunity Issue did not bar such monetary relief. See Exhibit "C" ("Summary of Damages"), which is the parties'
stipulation regarding back pay, interest and back pension and related benefits; Exhibit "e" is hereby incorporated
by reference into this Order No. 10. Thus, there was no disputed factual issue, and no need for the presentation of
evidence concerning the amounts of back pay, pre-judgment interest and/or back pension and related benefits, if
the Arbitrator determined that one or more of these damages components were due to be awarded.
[3]
II Final Award And Specific Relief.
(1) With respect to each of the Claimants' claims for an award of back pay and pre-
judgment interest, the Arbitrator rules in favor of each Claimant and enters this AWARD
directing that Respondent Fulton County pay to each claimant by January 31, 2012 the amounts
of (i) Back Pay and (ii) Prejudgment Interest on Back Pay ("Prejmt Int. on Back Pay") set forth
on Exhibit "C" attached hereto; provided further, that each of the Claimants are hereby
AWARDED additional pre-judgment interest at a rate of 7% per annum on all unpaid back pay
and benefits awarded hereunder from January 1,2012 until the earlier of the following: (a) the
date all such back pay and benefits have been fully paid; or (b) the date of entry of a court
judgment confirming this Final Award?/
(2) With respect to each of the Claimant's claims for post-judgment interest, the
Arbitrators finds in favor of Claimants and enters this AWARD directing that such post-
judgment interest is to be paid as provided by Georgia law and is to run from the date of entry of
any judgment confirming this Final Award.
(3) With respect to each of the Claimant's claims for an adjustment of past pension
benefits and other benefits of employment, the Arbitrator rules in favor of Claimants, and enters
this AWARD directing that Respondent Fulton County by January 31, 2012 make such
adjustments in each Claimant's pension (or similar accounts) as are reflected in the following
columns - "401 A Cont"; "Prejmt Int. On 401 A Cont"; "Def. Comp"; and "Prejmt Int. On Def
Comp" -set forth on Exhibit "C".
(4) With respect to each of the Claimants' claims seeking a declaration that Claimants
are entitled to parity on an ongoing future basis in salary, pension and other benefits as compared
2/ All payments of back pay and pre-judgment interest are subject to withholding and other deductions as are
consistent with usual Fulton County payroll and personnel practices.
[4]
with CASAs, the Arbitrator rules in favor of Claimants and enters this AWARD directing
Respondent Fulton County to (i) cease immediately treating the JSAs differently than the CASAs
with respect to salary, pension and other benefits, and therefore (ii) to establish parity between
Claimants and the CASAs concerning salary, pension and other benefits effective as of January
1,2010.
3
/ How Respondent County implements this directive to establish parity between the
JSAs and the CASAs is up to the County.
(5) With respect to each of the Claimants' claims for an award of attorneys' fees in
her or his favor, the Arbitrator finds in favor of Respondent Fulton County, and therefore
AWARDS Claimants no dollars ($0.00) on the Attorneys' Fee Issue claim. Rather, the
Arbitrator finds that each party is responsible for his, her or its own attorneys' fees.
(6) With respect to each of the Claimant's claims for an award in her or his favor of
incurred arbitral expenses, the Arbitrator rules in favor of Respondent Fulton County on this
issue,and therefore AWARDS Claimants no dollars ($0.00) on this Arbitral Expenses Issue
claim. Rather, the Arbitrator finds that the Claimants collectively are responsible for 50% of the
compensation of the Arbitrator and of other arbitral expenses, if any, and Respondent Fulton
County is likewise responsible for 50% of the compensation of the Arbitrator, and other arbitral
expenses, if any.4/
3/ To the extent the relief in this Paragraph 4 is viewed as "injunctive relief going forward," Respondent has
acknowledged that the Arbitrator has the authority to grant such relief. See Respondent's Brief In Support of Its
Defense of Sovereign Immunity And In Response To Claimants' Claim For Attorneys' Fees, Interest and Arbitral
Expenses at 11. The Arbitrator recognizes that the County has not acknowledged, but vigorously disagrees with,
the Arbitrator's liability conclusion upon which this injunctive relief going forward is predicated.
4/ The Arbitrator is aware of no arbitral expenses other than the Arbitrator's compensation.
[5]
(7) This AWARD is in full settlement of, and constitutes a full determination of, all
claims submitted in this Arbitration by any party hereto. All claims not expressly granted herein
are hereby DENIED.
I, ROBERT NEIL DOKSON, do hereby affirm on my oath as Arbitrator that I am the individual
described in and who executed this instrument which is my AWARD.
_.. .b-e..r-
Date

Robert N. Dokson, Arbitrator
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
[6]
LIST OF EXHIBITS
TO ORDER NO. 10
"A" List of Claimants
"B" Order No.4 - Interim Award of Arbitrator On Phase One [Liability Phase]
with Facts, Opinions and Conclusions On Relevant Issues
"c" Stipulation of the Parties as to Mathematical Calculations (alk/a "Summary of
Damages")
"D" Order No.9 - Interim Award of Arbitrator On Issues of Sovereign Immunity,
Interest, Attorneys' Fees and Arbitral Expenses With Facts, Opinions and
Conclusions.
[7]