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56 FLRA No. 182
U.S. Dept. of HHS, Navajo Area Indian Health Service, Window Rock, Arizona and Laborers International Union of North America Navajo Nation Health Care Employees Union, Local 1376, (Finston, Arbitrator), 0-AR-3286 (Decided December 29, 2000)
This award resulted from a remand ordered by the Authority in 52 FLRA 909 (1997).The Authority concluded that the Agency failed to establish that the award was deficient under section 7122(a) of the Statute.
The Authority rejected the Agency's argument that the award was inconsistent with 5 C.F.R. § 550.142. The Authority found no merit to the Agency's assertion that 5 C.F.R. § 550.142 requires the Agency to calculate the difference between overtime premium pay and standby premium pay over a greater period of time than one month.
The Authority also rejected the Agency's contention that the award was inconsistent with 5 C.F.R. § 550.143. The Authority explained that 5 C.F.R. § 550.143 relates to authorization for premium pay on an annual basis and the determination of positions eligible for such premium pay. The Authority noted that this regulation has no application to the Arbitrator's order concerning the methodology the Agency must use to calculate the difference between overtime premium pay and standby premium pay in determining compensation for the contested period. Therefore, the award did not conflict with this regulation. The Authority did not address the Agency's contention that the award conflicted with Agency Instruction HHS Instruction 550-1. Lastly, the Authority rejected the allegation that the award failed to derive its essence from the agreement.