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60 FLRA No. 138
U. S. Dept. of Justice, Federal Bureau of Prisons, U. S. Penitentiary, Marion, Illinois and AFGE, Local 2343, Council of Prison Locals (Stein, Arbitrator) 0-AR- 3902 (Decided March 14, 2005)
The Arbitrator determined that the Agency did not violate the parties' collective bargaining agreement when it temporarily reassigned the grievant pending an investigation. Despite his conclusion that there was no violation of the agreement, the Arbitrator ordered the Agency to make the grievant whole for his losses by paying the grievant the difference in what he would have made had he not been reassigned and what he made while reassigned, including missed overtime pay and differential pay for shifts, holidays and Sundays. The Authority set aside the award because it was contrary to the Back Pay Act. The Authority noted that the Arbitrator made no finding that the grievant was affected by an unjustified or unwarranted personnel action.