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60 FLRA No. 177
U. S. DEPT. OF TRANSPORTATION, FAA, ATLANTA, GEORGIA AND NATIONAL AIR TRAFFIC CONTROLLERS ASSOCIATION, Case No. AT-CA-04- 0100 (Decided May 31, 2005)
The complaint alleged that the Respondent violated § 7116(a)(1) and (5) of the Federal Service Labor-Management Relations Statute when the Respondent repudiated a grievance settlement agreement. The Authority concluded that the Respondent did not commit the unfair labor practices alleged in the complaint and dismissed the complaint.
The Respondent conceded that it committed an unjustified and unwarranted personnel action and, as a result, the first part of the Back Pay Act test has been met. The issue here was whether the action resulted in a loss - a withdrawal or reduction of pay, allowances, or differentials - under the second part of the Back Pay Act test. The Authority found that as the settlement agreement was not enforceable under the Back Pay Act, and since no other basis was argued permitting enforcement of the settlement agreement, the Respondent did not commit an unfair labor practice when it refused to pay the employee the $3,000 set forth in the settlement agreement.