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B-180010 1 (1975-10-29)

handle is hein.gao/gaobadixz0001 and id is 1 raw text is: ,p.LEft G Q' THE COMPTROLLER GENERAL S DECISION O F THE UNITED STATES 1 WASHINGTON. 0. C. 20548 DATE: OCT2 75 ./ FILE: 3F-180010 DT MATTER OF: Portland (Maine) Air Traffic Control Tower - Arbitration Award of Backpay to Air Traffic DIGEST: Controller Deprived of Overtime Work Federal Labor Relations Council questions the propriety of sustaining an arbitration award of 1 hour backpay to an employee deprived of overtime work in violation of a negotiated labor-management agreement. Agency violations of such agreements which directly result in loss of pay, allowances or differentials, are unjustified and un- warranted personnel actions as contemplated by the Back Pay Act, 5 U.S.C. 6 5596. Therefore, where an agency obligated itself in a labor-management agreement to provide 2 hours of productive work when an employee is held on duty beyond his regular shift and, in violation of such agreement, provided him only 1 hour, an arbitra- tion award providing backpay to the employeo for the additional hour may be sustained. This matter involves a request for an advance decision from the Federal Labor Relations Council (FLRC) on the propriety of a payment ordered by a labor relations arbitrator in Professional Air Traffic Controllers Or-nnizntion and Federal Aviation Ad- ministration, Portland, iaine, Air Traffic Control To-er (Gregory, Arbitrator), FLRC No. 74A-15. The facts in the case are as follows. The Portland, Maine, Air Traffic Control Tower is operated by air traffic controllers employed by the Federal Aviation Administration (FAA). The con- trol tower normally operates between 7 a.m. and 11 p.m. daily; however, occasionally an evening flight of Delta Airlines arrives in Portland considerably later than its scheduled time. Whenover this flight arrives late, the air traffic controller on duty is required to remain at work after his regular quitting time of 11 p.m. The chief controller had established work guidelines for controllers required to stay beyond their normal quitting time that allowed I hour of overtime pay for any tine worked after 11 p.m. and terminated before midnight and 2 hours of overtime pay if the work time extended beyond midnight. On June 21, 1973, the evening Delta flight arrived late at the Portland Airport and did not depart until 11:26 p.m. Mr. Richard A. Fournier was the air controller .on duty at the PUBLISHED DECLSION: 55 Comp. Gen ........

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