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56 FLRA No. 64
U.S. Department of the Air Force Travis Air Force Base, California and AFGE, Local 1764 (McKay, Arbitrator), 0-AR-3174 (Decided June 16, 2000)
The Arbitrator sustained a grievance alleging that the Agency violated the parties' collective bargaining agreement by unilaterally eliminating 20-minute paid, on-the-job lunch breaks enjoyed by certain employees. As a remedy, the Arbitrator ordered the Agency to restore the status quo ante and to provide overtime pay for affected employees.
The Authority set aside the portion of the award ordering the Agency to provide overtime pay for affected employees. The Authority found that the remedy ordered by the Arbitrator, that the grievants be compensated for hours of work that included bona fide meal periods, was contrary to 5 C.F.R. §§ 551.104 and 551.411(c), which implement the FLSA in the Federal sector. The case was remanded to the parties with the direction that, absent settlement, the case should be submitted to the Arbitrator to determine an appropriate remedy.