15:0459(95)AR - Air Force Logistics Command, Wright-Patterson AFB and AFGE Local 1138 -- 1984 FLRAdec AR
[ v15 p459 ]
The decision of the Authority follows:
15 FLRA No. 95 AIR FORCE LOGISTICS COMMAND, WRIGHT-PATTERSON AIR FORCE BASE Activity and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1138 Union Case No. O-AR-365 DECISION This matter is before the Authority on exceptions to the award of Arbitrator Jonas B. Katz filed by the Department of the Air Force (the Agency) under section 7122(a) of the Federal Service Labor-Management Relations Statute and part 2425 of the Authority's Rules and Regulations. The dispute in this matter concerns the grievant's claim for compensatory time for travel outside his normal duty hours. The claim arose when the grievant was required to travel on the weekend for a temporary duty assignment in Korea. The issue before the Arbitrator was whether the Activity violated the parties' collective bargaining agreement when it denied the grievant's claim. The Arbitrator agreed with the Activity's contention that under 5 U.S.C. 5542 and 5543, time spent in a travel status away from one's duty station does not constitute hours of employment for which overtime or compensatory time may be granted unless the travel results from an event which could not be scheduled or controlled administratively. He also agreed that in this case the grievant's travel was administratively controllable. However, the Arbitrator ruled that 5 U.S.C. 5542 and 5543 were not dispositive because the parties' agreement required that the Activity schedule travel during the basic work week if "administratively controllable" or unless "mission requirements dictate otherwise." He concluded that since the grievant's travel was administratively controllable and there was no showing of a mission requirement that the travel be scheduled outside normal duty hours, the Activity violated the agreement by scheduling the travel on the weekend. The Arbitrator therefore awarded the grievant 24 hours compensatory time. In its exceptions, the Agency contends that the award is contrary to 5 U.S.C. 5542(b)(2). The Authority agrees. The legal basis for granting an employee compensatory time arises under 5 U.S.C. 5543 and, as previously indicated by the Authority, such time can only be awarded for compensable "hours of employment" under 5 U.S.C. 5542(b)(2). Social Security Administration, Denver, Colorado and American Federation of Government Employees, Local 1802, AFL-CIO, 8 FLRA 89 (1982). Under 5 U.S.C. 5542(b)(2)(B)(iv), travel time is not compensable hours of employment unless the event which necessitated the travel is one which could not be scheduled or controlled administratively. U.S. Department of Labor and National Council of Field Labor Locals, American Federation of Government Employees, 10 FLRA 491 (1982). In this case, as acknowledged by the Arbitrator, the grievant's travel was scheduled and controlled administratively by the Activity. Consequently, the grievant's travel time did not constitute compensable hours of employment under section 5542(b)(2) for which overtime pay or compensatory time could be granted. /1/ Therefore, while the Arbitrator had considerable latitude in fashioning a remedy for the Activity's violation of the parties' agreement, his award of 24 hours of compensatory time is contrary to 5 U.S.C. 5542(b)(2). Accordingly, the award is hereby set aside. Issued, Washington, D.C., August 9, 1984 Barbara J. Mahone, Chairman Ronald W. Haughton, Member Henry B. Frazier III, Member FEDERAL LABOR RELATIONS AUTHORITY --------------- FOOTNOTES$ --------------- /1/ Section 5542(b)(2) governs this case because it is apparent from the record that the grievant is an employee exempt from coverage under the Fair Labor Standards Act.