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56 FLRA No. 150
U.S. Department of Defense Education Activity Arlington, Virginia and Federal Education Association, 0-AR-3274 (Bass, Arbitrator) (Decided September 29, 2000)
The Arbitrator determined that the Agency had committed an unjustified or unwarranted personnel action in this matter when it failed to pay the grievant her living quarters allowance (LQA) in a timely manner. As such, the Arbitrator awarded the grievant interest pursuant to the Back Pay Act on this unpaid amount. The Authority found that the Agency failed to show that the award was deficient under section 7122(a) of the Statute.
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 also held that the award was not contrary to law, regulation or sovereign immunity. Also rejected were the allegations that the award failed to draw its essence from the agreement or that it was based on a nonfact.