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55 FLRA No. 12
U.S. Dept. of Justice Federal Bureau of Prisons Federal Correctional institution Sheridan, Oregon and AFGE, Local 3979 (Axon, Arbitrator), 0-AR-3084 (Decided December 31, 1998)
The Arbitrator found that the Agency violated the parties' collective bargaining agreement by failing to distribute and rotate overtime opportunities equitably among qualified employees. He remanded to the parties the issue of the appropriate financial compensation for individual employees. The Authority concluded that the Agency failed to establish that the award was deficient.
The Authority noted that the Arbitrator's finding that the Agency violated Article 18, Section (n) of the collective bargaining agreement satisfied the requirement of an unjustified or unwarranted personnel action, and the Agency did not dispute it. The Agency disputed whether the Arbitrator made sufficient findings that the Agency's overtime assignment practice had resulted in a loss of overtime pay to any individual employee to allow him to award backpay and remand to the parties to determine the recipients and the amount. The Authority concluded that the Arbitrator made the necessary findings.