FLRA DECISIONS

60 FLRA No. 104

AGENCY CAN'T IMPOSE A COMPRESSED WORKWEEK UNDER WORK SCHEDULES ACT

Department of Veterans Affairs, VA Pittsburgh Healthcare System and American Federation of Government Employees, Local 2028, 0-AR-3854, December 29, 2004, 60 FLRA No. 104.

Holding

FLRA turned down agency exceptions to an award in which the arbitrator found the agency violated the Work Schedules Act when it unilaterally imposed a compressed workweek under the Work Schedules Act and awarded backpay and liquidated damages. "[N]othing in the Work Schedules Act authorizes unilateral action by an agency where bargaining unit employees are concerned."

Summary

When the agency notified the union that it would establish a compressed 4-day workweek schedule of 10-hour days as part of its implementation of a commercial convenience food system, the parties bargained, but didn't reach agreement on the compressed workweek. The agency proceeded to unilaterally implement the compressed workweek and, relying on 5 U.S.C. ' 6128(a), did not provide any overtime premium pay to affected employees for the extra two hours worked each day under the compressed work schedule. The union grieved and the matter was referred to arbitration.

The arbitrator ruled that under 5 U.S.C. ' 6130(a), unit employees could be included in a compressed work schedule under the Federal Employees Flexiableand Compressed Work Schedules Act only if expressly authorized by a collective bargaining agreement between the agency and the union. Because the employees never requested a compressed work schedule and the parties never reached agreement on such a schedule, the arbitrator found that management had violated the Work Schedules Act and the parties' agreement, which had incorporated the Act. As a remedy he ordered the agency to pay affected employees at overtime rates for all hours in excess of 8 hours in a day or 40 hours in a week, as well as liquidated damages under the FLSA because the agency didn't meet its burden that its actions were reasonable or in good faith.

When the agency filed exceptions, FLRA affirmed the arbitrator's determinations

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