15:0586(127)AR - INS, Justice and AFGE Local 1917 -- 1984 FLRAdec AR



[ v15 p586 ]
15:0586(127)AR
The decision of the Authority follows:


 15 FLRA No. 127
 
 IMMIGRATION AND NATURALIZATION
 SERVICE, U.S. DEPARTMENT OF JUSTICE
 Agency
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 1917, AFL-CIO
 Union
 
                                            Case No. O-AR-430
 
                                 DECISION
 
    This matter is before the Authority on an exception to the award of
 Arbitrator Susan T. Mackenzie 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.  /1/
 
    The dispute in this matter concerns the Union's allegation that the
 grievant, a GS-12 Criminal Investigator, and other employees similarly
 situated, were improperly denied full compensation for all of the
 overtime hours they had worked during a number of pay periods.  /2/ The
 Agency essentially contended that the alleged loss of overtime
 compensation resulted from the fact that 5 U.S.C. 5547 /3/ and 5 CFR
 550.105 /4/ imposed a pay cap or ceiling on the maximum rate of pay that
 could be paid in the pay periods involved.  The Agency further contended
 that it was also prohibited from granting compensatory time off in lieu
 of pay for the alleged unpaid overtime.
 
    The Arbitrator determined that while the limitation imposed by 5
 U.S.C. 5547 and 5 CFR 550.105 was applica