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56 FLRA No. 200
U.S. Department of the Army Headquarters, Iii Corps and Fort Hood, Fort Hood, Texas and AFGE, Local 1920 (Britton, Arbitrator), 0-AR-3252 (Decided March 6, 2001)
On remand from the Authority decision in 56 FLRA 544 (2000), the Arbitrator addressed the Authority's request for an explanation of "the requirements and basis" for the initial award. The Authority concluded that the award was deficient under § 7122(a) of the Statute.
In its initial decision, the Authority noted that in order for any award of backpay to the grievant at the supervisory rate to be consistent with the Back Pay Act, it would have to be based on a non-discretionary policy, set forth in a collective bargaining agreement provision or other authority, mandating a temporary promotion for performing higher-graded duties. The Authority found that the Arbitrator did not identify, or base his award on, any such non-discretionary policy. Consequently, the award requiring the Agency to compensate the grievant at the supervisory rate was contrary to the Back Pay Act and, in that respect, was deficient.