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60 FLRA No. 104
U. S. Dept. of Veterans Affairs, VA. Pittsburgh Healthcare System and AFGE, Local 2028 (D'Eletto, Arbitrator) 0-AR-3854 (Decided December 29, 2004)
The Arbitrator ruled that the Agency violated the parties' collective bargaining agreement and the Federal Employees Flexible and Compressed Work Schedules Act, 5 U.S.C. §§ 6120-6133 by imposing a compressed work schedule on unit employees. The Authority denied the Agency's exceptions finding that the award did not fail to draw its essence from the agreement, nor that it was based on nonfacts. The Authority also held that the award of liquidated damages was not deficient noting that in the circumstances of this case, the Agency failed to show good faith and reasonableness and failed to meet the substantial burden necessary to overcome the presumption in favor of liquidated damages.