16:0811(112)AR - Justice, Federal Correctional Institution, Danbury, CT and AFGE, Council of Prison Locals, Local 1661 -- 1984 FLRAdec AR

 16 FLRA No. 112
 
 U.S. DEPARTMENT OF JUSTICE
 FEDERAL CORRECTIONAL INSTITUTION
 DANBURY, CONNECTICUT
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, COUNCIL OF PRISON LOCALS,
 LOCAL 1661
 Union
 
                                            Case No. O-AR-507
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Alexander MacMillan filed by the Department of Justice (the
 Agency) on behalf of the Activity pursuant to 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 arose when the Activity denied the claims
 of the grievants for compensation for time they were required to travel
 during non-duty hours to attend training sessions in Denver, Colorado.
 The Arbitrator acknowledged that the training sessions were scheduled
 and controlled administratively by the Agency.  The Arbitrator
 determined that while it therefore appeared that under 5 U.S.C.
 5542(b)(2) the grievants' travel time was not compensable, the Activity
 had "an affirmative burden" to demonstrate that no other arrangement
 than requiring non-duty travel was practicable.  The Arbitrator found
 that the Activity had not established that it was not practicable to
 schedule the grievants' training and related travel within their regular
 work hours.  The Arbitrator concluded that the Activity had violated the
 parties' collective bargaining agreement and, as a remedy, awarded the
 grievants compensatory time equal to the time they were required to
 travel during non-duty hours.
 
    In its exceptions, the Agency contends, among other things, that the
 Arbitrator's award is contrary to 5 U.S.C. 5542(b)(2).  The Authorit