17:0056(15)AR - Bureau of the Mint, Denver, CO and Mint Council, AFGE -- 1985 FLRAdec AR
[ v17 p56 ]
The decision of the Authority follows:
17 FLRA No. 15 BUREAU OF THE MINT, DENVER, COLORADO Activity and MINT COUNCIL, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO Union Case No. O-AR-481 DECISION This matter is before the Authority on exceptions to the award of Arbitrator George E. Bardwell filed by the Activity 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 arose when the grievant's brother was selected as a supervisor of the third shift to which the grievant was also assigned. The Activity determined that the supervisor-subordinate relationship between the brothers would constitute a nepotism situation prohibited by Chapter 310 of the Federal Personnel Manual. When the grievant declined a reassignment to the second shift for personal reasons, the Activity reassigned him to the day shift, which resulted in the loss of the ten percent night differential pay he had received on the third shift. The Arbitrator found that the grievant was deprived of his third shift assignment in violation of the seniority provisions in the parties' agreement. The Arbitrator thereupon awarded the grievant shift differential pay of three percent to cover the difference between the third and the second shift differentials. In its exceptions, the Activity alleges, among other things, that the award is not authorized by law. The Authority agrees. The legal basis for payment of night shift differential is 5 U.S.C. 5545(a), which provides for payment of such differential only for regularly scheduled work between the hours of 6:00 p.m. and 6 a.m. In this case, since the grievant was reassigned to the day shift, payment of night differential is not authorized under 5 U.S.C. 5545(a). Accordingly, the Arbitrator's award is set aside. /1/ Issued, Washington, D.C., February 28, 1985 Henry B. Frazier III, Acting Chairman William J. McGinnis, Jr., Member FEDERAL LABOR RELATIONS AUTHORITY --------------- FOOTNOTES$ --------------- /1/ In view of this decision, it is not necessary to address the Activity's other exceptions to the award.