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56 FLRA No. 148
U.S. Department of Defense Education Activity Arlington, Virginia and Federal Education Association (Wray, Arbitrator), 0-AR-3229 (Decided September 29, 2000)
In this case Arbitrator Wray sustained a grievance alleging that the Agency failed to properly pay the grievant at the correct pay step and awarded the grievant backpay plus interest. The Authority concluded that the Agency did not establish that the award was deficient under section 7122(a) of the Statute.
The Authority rejected the allegation that the arbitrator's determination that the grievance was timely was not drawn from that agreement, as well as the allegations that the arbitrator exceeded his authority, and that the award was based on a nonfact.
The Authority noted that Office of Personnel Management regulations implementing the Back Pay Act could not be challenged in this proceeding. The Authority noted that section 7105 of the Statute enumerates the powers and duties of the Authority, none of which relate to passing judgment on rules or regulations that OPM or any other Federal agency has enacted. The Authority further noted that if the Agency wished to challenge the validity of the OPM regulations implementing the Back Pay Act, it may do so in an appropriate Federal district court, not through exceptions to an arbitrator's award. The Authority moved on to conclude that the award was not contrary to law, regulation or sovereign immunity.