10:0491(82)AR - Labor and National Council of Field Labor Locals, AFGE -- 1982 FLRAdec AR

 10 FLRA No. 82
 
 UNITED STATES
 DEPARTMENT OF LABOR
 Agency
 
 and
 
 NATIONAL COUNCIL OF FIELD
 LABOR LOCALS, AMERICAN
 FEDERATION OF GOVERNMENT
 EMPLOYEES
 Union
 
                                            Case No. O-AR-187
 
                                 DECISION
 
    THIS MATTER IS BEFORE THE AUTHORITY ON AN EXCEPTION TO THE AWARD OF
 ARBITRATOR THOMAS M. COOLEY II FILED BY THE AGENCY UNDER SECTION 7122(A)
 OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE)
 AND PART 2425 OF THE AUTHORITY'S RULES AND REGULATIONS.  THE UNION FILED
 AN OPPOSITION.
 
    THE DISPUTE IN THIS MATTER CONCERNS THE GRIEVANT'S CLAIM FOR OVERTIME
 COMPENSATION.  THE GRIEVANT WAS REQUIRED TO TRAVEL TO PHILADELPHIA FROM
 HIS DUTY STATION OF PITTSBURGH TO ATTEND A TWO-DAY CONFERENCE.  PURSUANT
 TO TRAVEL ARRANGEMENTS MADE FOR HIM, HE TRAVELED TO PHILADELPHIA ON
 TUESDAY MORNING MAY 13, 1980, FOR THE CONFERENCE ON TUESDAY AND
 WEDNESDAY, AND HE RETURNED TO PITTSBURGH ON WEDNESDAY EVENING AFTER THE
 CONFERENCE WAS COMPLETED.  THE GRIEVANT SUBMITTED A CLAIM FOR OVERTIME
 COMPENSATION FOR 4 3/4 HOURS SPENT IN TRAVEL TO AND FROM PHILADELPHIA
 THAT WAS IN ADDITION TO HIS NORMAL EIGHT HOURS OF DUTY ON BOTH TUESDAY
 AND WEDNESDAY.  HIS CLAIM WAS DENIED AND HE FILED A GRIEVANCE PROTESTING
 THE DENIAL THAT WAS ULTIMATELY SUBMITTED TO ARBITRATION.
 
    THE ARBITRATOR ACKNOWLEDGED THAT THE GRIEVANT'S CLAIM WAS GOVERNED BY
 THE PROVISION OF 5 U.S.C. 5542 PROVIDING THAT TIME SPENT IN A TRAVEL
 STATUS AWAY FROM THE OFFICIAL DUTY STATION OF AN EMPLOYEE IS NOT HOURS
 OF EMPLOYMENT UNLESS THE TRAVEL "RESULTS FROM AN EVENT WHICH COULD NOT
 BE SCHEDULED OR CONTROLLED ADMINISTRATIVELY." 5 U.S.C.
 5542(B)(2)(B)(IV)(1976).  WITH RESPECT TO THE GRIEVANT'S TRAVEL TO
 PHILADELPHIA, THE ARBITRATOR QUESTIONED WHETHER THE CONFERENCE WAS AN
 EVENT WHICH COULD BE SCHEDULED OR CONTROLLED ADMINISTRATIVELY