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60 FLRA No. 7
U. S. Dept. of Transportation, Federal Aviation Administration and National Air Traffic Controllers Association (Ross, Arbitrator) 0-AR-3734 (Decided June 17, 2004)
The Arbitrator determined that the Agency violated the parties' collective bargaining agreement when it denied official time because the requested day was a Sunday or holiday. He directed the Agency to pay premium pay for the performance of representational activities on Sundays and holidays. The Authority concluded that the Arbitrator's award was contrary to law and set it aside.
The Authority concluded that the grievant was not entitled to premium pay for the performance of representational duties on the Columbus Day holiday in 2000. The Authority found that just as the performance of representational activities did not constitute the work of an agency within the meaning of § 7106 of the Statute, the performance of representational activities did not constitute the performance of work on a holiday under § 5546(b). Consequently, the grievant's performance of representational activities on the Columbus Day holiday could not be considered performing work on a holiday and could not be considered compensable for purposes of premium pay.