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B-180010 1 (1975-08-25)

handle is hein.gao/gaobadcnl0001 and id is 1 raw text is: DECIS FILE: B-1 MATTER DIGEST: ION 80010 THE COMPTROLLER GENERAL .t . OF THE UNITED STATES WASHINGTON, 0.C. 20548 DATE: AUG 25 1975 OF: Naval Rework Facility (Jacksonville) - Arbitration Award of Backpay to Employees Deprived of Overtime W'ork Federal Labor Relations Council questions the propriety of sustaining an arbitration award that orders backpay for employees deprived of overtime work in violation of a negotiated agreement. Agency violations of negotiated agreements which directly result in loss of pay, allowances or differentials, are unjus- tified and unwarranted personnel actions as contemplated by the Back Pay Act, 5 U.S.C. 9 5596. Improper agency action may be either affirnmative action or failure to act where agreement requires action. Thus, award of backpay to employees deprived of overtime work in violation of agreement is proper and may be paid. This action involves a request dated May 9, 1975, by the Federal Labor Relations Council (FLRC) for an advance decision as to the pro- priety of certain payments awarded by an arbitrator inthe matter of Naval Rework Fa:ility, Naval Air Station, Jacksonville, Florida, and National Association of Government Lmoloyees, Local R5-32 (Goodnan, Arbitrator), FLKC` Nc. 73A-46. The FLRC first issued a decision on the appeal from the arbitra- tion award in this case on September 24, 1974, holding that the pay- ments awarded by the arbitrator violated applicable law and regulations. The labor organization in the case, the National Association of Govern- meat Employees (NAGE), filed a motion with the FLRC on January 17, 1975, to reconsider and modify its decision in light of the decision in B-180010, issued by the Comptroller General on October 31, 1974 (54 Comp. Gen. 312). Hence, pursuant to 31 U.S.C. § 74, the FLRC has requested the Comptroller General to render a decision on the propriety of the payments awarded by the arbitrator. The arbitration award resulted from a grievance filed by the employees of certain repair shops at the Naval Rework Facility con- cerning the number of employees scheduled to work on Thursday, FUBLISHE DECISION

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