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60 FLRA No. 107
U. S. Dept. of Agriculture, Rural Development Washington, D.C. and American Federation of State, County and Municipal Employees, Local 3870 (Feigenbaum, Arbitrator) 0-AR-3862 (Decided December 30, 2004)
The Arbitrator granted the grievance, which alleged that the Agency violated the parties' agreement by denying the grievant's requests for official time, and retained jurisdiction of the attorney fees issue. The Authority denied the Agency's exception.
The Authority concluded that the award was not contrary to the Back Pay Act,5 U.S.C § 5596. The Authority found that the Agency's violation of the parties' agreement constituted an unjustified and unwarranted personnel action that resulted in the grievant suffering a loss of pay. As there was a causal connection between the Agency's unjustified or unwarranted personnel action and the grievant's loss of pay, the Authority found that the requirements of the Back Pay Act were satisfied, and denied the Agency's exception.