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56 FLRA No. 129
American Federation of Government Employees Local 2608 and Social Security Administration San Juan Teleservice Center San Juan, Puerto Rico (Olinger, Arbitrator), 0-AR-3264 (Decided September 28,2000)
The Authority remanded this matter to the parties for ·resubmission to the Arbitrator, absent settlement, for a determination as to whether an alternative remedy was appropriate. The Authority found that the award was not contrary to the Back Pay Act, however the award was found to be contrary to Chapters 55 and 61 of Title 5. In this regard, the Authority noted that compensatory time is a substitute for overtime pay. The Authority found that there was no finding that the employees worked overtime or were otherwise entitled to overtime pay. As a result, there was no basis for concluding that the employees were entitled to receive compensatory time under chapter 55 of title 5.
In addition, the Authority found that the Agency correctly asserted that employees may receive credit hours only pursuant to an established credit hours program pursuant to chapter 61 of title 5. Here, there was no evidence that the award was made pursuant to a credit hours program for the aggrieved employees. As a result, there was no basis for concluding that the employees were entitled to receive credit hours under chapter 61 of title 5, thus, the award was found deficient in this regard also. The Authority concluded that the remedy was contrary to chapters 55 and 61 of title 5. The Authority explained that in cases where it sets aside an entire remedy, but upholds an arbitrator's finding of an underlying violation, it remands the award to determine whether a different remedy would be appropriate. Accordingly, the matter was remanded. The allegation that the award failed to derive its essence from the agreement was rejected.