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B-192366 1 (1978-10-04)

handle is hein.gao/gaobadgnh0001 and id is 1 raw text is: 'Ii I., C.- DECISION FILE: MATTER OF: LlzIES: r. MPTONCLLR GENERAL HE UNITED BTATIEU I'NSJTCN. D. C. 20U34E Ar' ,I. V a. r- TI B-192366 Regina Taylor for Misassigniment Ar'bitration Award'of Backpay to Higher Grade Duties Agency and Union agreed.that issue to be decided by arbitrator was whether there was iolation of article of negotiated agrerment in assignment of work to employee. Article covered position descriptions and classification of positions. Arbitrator awarded backpay to employee who performed higher level duties for period of 6 months after fihding that employee had been *misassigned. 'Award m'y not be ihplemenLed since there is no authority to allow retroactive compensation for periods of wrongful position classification. L V 1 This &ction is in response to'a request by the Federal Labor Relations Council dated July 7, 1978, for an advance decision.as to the legality of implementing the backpay awaed of an arbitrator in the matter of Naval. Air Station',.Oceana and Local 1835, ArmericanvyFederation of Government rmployees, AFLirGIO (Macglo , Arbitrator), FLRC No.J78A-14.:The arbitrator found that an emol6yee, Ms. Regina Taylor, performed a substantir1 amount of highe'r level dutiis during a period of.approximately 6 months, and he awarded her backpy' as a remedy. The case is before the Federal Labor Relations Council as a result of a petition for revieiw filed by the agency (Navy) alleging that the award violates applicable laws and regulations. FACTS AND ARBITRATOR'S AWARD The facts in this case, us pcesent'ed in the arbitrator's *'opinion and awqrd dated December 20, 1977, are as follows. Therarievant, Ms. Regina Taylor, was hired by the Naval Air Station Oceana as an Accounts Maintenance Clerk, grade GS-3, on Juxy 2, 1974. Ms. Taylor filed a grievance on November 10, 1976, alleaing, among other things, that she was compelled DATE: Otober 4, 4 a F. 198 I I' p 'I

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