16:0552(76)AR - SSA and AFGE -- 1984 FLRAdec AR

 16 FLRA No. 76
 
 SOCIAL SECURITY ADMINISTRATION
 Agency
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO
 Union
 
                                            Case No. O-AR-503
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Myron J. Roomkin filed by 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 Union filed an opposition.
 /1/
 
    The dispute in this matter concerns an allegation that the grievant
 was improperly denied a within-grade salary increase.  The Arbitrator
 found that the Agency had established by statistical evidence that the
 grievant's performance did not support the within-grade increase.
 However, the Arbitrator further found that prolonged continuation of
 full review of the grievant's work where no improvement was either
 visible or likely to be achieved was punitive treatment and that the
 Agency should have either trained or transferred the grievant.  The
 Arbitrator concluded that the Agency's failure to do so indicated that
 the within-grade increase was denied in lieu of disciplinary action in
 violation of the parties' collective bargaining agreement.  As his
 award, the Arbitrator essentially directed that the grievant be granted
 the within-grade increase retroactively with backpay.
 
    In its exceptions, the Agency contends, among other things, that the
 award is contrary to the Back Pay Act, 5 U.S.C. 5596, and 5 U.S.C. 5335.
  /2/ The Authority agrees.
 
    The Authority has uniformly held that in order for an award of
 backpay to be authorized under the Back Pay Act, there must be not only
 a determination that an employee was affected by an unwarranted
 personnel action, but also a determination that such unwarranted action
 directly resulted in the withdrawal or reduction in the pay, allowances,
 or differentials that the em