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56 FLRA No. 158
U.S. Dept. of Justice, Federal Bureau of Prisons Management And Specialty Training Center, Aurora, Colorado and AFGE, Council of Prison Locals C-33 (Levy, Arbitrator), 0-AR-3288 (Decided November 30, 2000)
The Arbitrator determined that the Agency violated the parties' agreement by changing work schedules to require instructors to take a 1-hour lunch period. As a remedy, the Arbitrator awarded all affected employees retroactive overtime or compensatory time. The Authority found that the award was contrary to 5 C.F.R. § 551.411(c), and remanded the case to the parties for resubmission to the Arbitrator, absent settlement, for a determination of whether an alternative remedy was appropriate.
The Authority rejected the Agency's arguments that the award was deficient because the Arbitrator failed to give effect to a past practice and that it was inconsistent with management's right to assign work under section 7106 of the Statute. However, the Authority concluded that the award of overtime pay was contrary to 5 C.F.R. § 551.411(c). The Authority explained that under 5 C.F.R. § 551.411(c), bona fide meal periods shall not be considered hours of work and thus are not creditable for the purpose of determining overtime pay. Applying this standard, the Authority noted that an award ordering compensation for hours of work that include bona fide meal periods is contrary to 5 C.F.R. § 551.411.
In this case, the Arbitrator found that the Agency required the employees to take a 1-hour, non-paid, duty-free lunch period. Because the employees were completely relieved from duty during the lunch period, it was a bona fide meal period. The 1-hour lunch period was therefore not compensable. As the Arbitrator ordered overtime pay for this bona fide meal period, the award was contrary to 5 C.F.R. § 551.411(c).