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B-180010 1 (1976-01-06)

handle is hein.gao/gaobaddtg0001 and id is 1 raw text is: DECISION L ~ lO p FILE: B-180010 THE COMPTRDL.LER GENERAL OF THE UNITED STATES WASHINGTON.- D.C. 20546 DATE: tjAN MATTER DIGEST: OF: Mare Island Naval Shipyard and Mare Island Navy Yard Metal Trades Council, AFL - CIO - Arbitration award of backpay for overtime Federal Labor Relations Council requests decision on legality of arbitration award of backpay to 54 shipyard employees for overtime and time not worked. The arbitrator found that Shipyard changed basic workweek of employees without complying with consultation requirements of negotiated agreement. However, because arbitrator did not find that but for failure of Shipyard to consult with union, the change in basic workweek would not have occurred, award does not satisfy criteria of Back Pay Act, 5 U. S. C. S 5596 (1970) and, therefore, it may not be imple- mente d. This action involves a reouest for an advance decision from the Federal Labor Relations Council on the legality of payments ordered by a labor relations arbitrator in the matter of Mare Island Naval Shinyard and Mare Islnd Navy Yard 1Metal Trade7oucr:Ti AFL-C C urhan, Arbitrator), FdL. !o. 74A-64. 'ihe case is before tihe Federal L. bor rielations Council as a result of a petition for review filed by the Department of Defense and the Department of the Navy alleging that the award violates applicable laws and regulations. Cn July 5, 1972, the U. S. S. Abraham Lincoln, a nuclear powered fleet ballistic submaribe attached to the U.S. P.cific Fleet, was withdrawn from active duty and entered Mare Island Naval Shipyard for overhaul and repairs. The Chief of Naval Operations determined tnat the Lincoln could be relieved from fleet operations for a period of 13 months and that it should be returned to service by August 6, 1973. The Shipyard planned and scheduled the overhaul work to be perfcrmed and the work was begun. How'ever, it became obvious by early February 1973 that the repair work on the Lincoln was so for behind schedule that the programed completion date could not be met. As a result, the Commander of the Submarine Forces for the Pcific criticized the Shipyard's failure to adhere to the work schedule and demanded that the Lincoln be returned to his command as soon after the original cornplction date as possible. Also in early February, the Naval Ship Systems Command conducted an inspection and audit of the Shipynrd and severely castigated its failure to complete repair work on sch, ul and con,.emned ito excessive use of ovcrtimc. PUBLTsIHED DECISION 55 Comip. Gen.......- Q C74

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