17:1061(144)AR - HHS, SSA and AFGE -- 1985 FLRAdec AR



[ v17 p1061 ]
17:1061(144)AR
The decision of the Authority follows:


 17 FLRA No. 144
 
 
 DEPARTMENT OF HEALTH 
 AND HUMAN SERVICES, 
 SOCIAL SECURITY ADMINISTRATION 
 Agency
 
 and 
 
 AMERICAN FEDERATION OF 
 GOVERNMENT EMPLOYEES 
 Union
 
                                            Case No. 0-AR-744
 
                                 DECISION
 
    This matter is before the Authority on an exception to the award of
 Arbitrator Robert H. Mount 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.
 
    A grievance was filed and submitted to arbitration challenging the
 withholding of the grievant's within-grade increase.  The Arbitrator
 concluded that the Agency had improperly denied the grievant the full
 contractual period to show improvement prior to the date on which she
 became eligible for the salary increase.  As his award, the Arbitrator
 therefore directed that the grievant be granted the within-grade
 increase retroactively with backpay.
 
    In its exception the Agency primarily contends that the award is
 contrary to the Back Pay Act, 5 U.S.C. 5596, and 5 U.S.C. 5335(a).  /1/
 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 the aggrieved employee was affected by an
 unwarranted pers