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58 FLRA No. 75
U. S. Dept of Justice, Federal Bureau of Prisons, Federal Correctional Complex Beaumont, Texas and AFGE, Council of Prisons Local C-33 (Neas, Arbitrator) 0-AR-3675 (Decided December 8, 2003)
The Arbitrator found that the Agency violated the parties' agreement by placing the grievant on home duty without just cause. He sustained the grievance and ordered backpay for lost overtime, shift differential, Sunday work, and a promotion with backpay. The Authority found that portions of the award were contrary to law and set aside those portions.
The Agency argued that the award of a promotion with backpay, and backpay with respect to overtime, shift differential, and Sunday work was contrary to the Back Pay Act, 5 U.S.C. § 5596. The Authority noted that nothing in the Arbitrator's award or the record supported finding that there was a causal connection between the violation of Article 6, Section b-2 and the award of a promotion with backpay. Accordingly, the Authority found that the promotion portion of the award was deficient as contrary to the Back Pay Act.
Regarding the portion of the award granting backpay for overtime, shift differential, and Sunday work, the Authority noted that nothing in the Arbitrator's award or the record supported a determination that, but for the Agency's violation of Article 6, Section b-2 of the parties' agreement, the grievant would have worked a specific amount of overtime on specific days, different shifts, or on Sundays. As such, the Authority found the award of backpay for overtime, shift differentials and Sunday work deficient as contrary to the Back Pay Act.