23:0325(41)AR - SSA, Albuquerque Data Operations Center and AFGE Local 3512 -- 1986 FLRAdec AR

 23 FLRA No. 41
 
 SOCIAL SECURITY ADMINISTRATION
 ALBUQUERQUE DATA OPERATIONS CENTER
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 3512
 Union
 
                                            Case No. 0-AR-1103
 
                                 DECISION
 
                         I.  STATEMENT OF THE CASE
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Don Hamilton filed by the Union under section 7122(a) of the
 Federal Service Labor-Management Relations Statute and part 2425 of the
 Authority's Rules and Regulations.
 
                  II.  BACKGROUND AND ARBITRATOR'S AWARD
 
    A grievance was filed and submitted to arbitration claiming that the
 grievant, an employee covered by the Fair Labor Standards Act (FLSA),
 had improperly been denied compensation for 15 minutes of overtime.
 According to the Arbitrator, the grievant alleged that her supervisor
 approached and asked her to complete some work that needed to be
 performed before the night shift came on duty and that completion of the
 work extended her worktime by 15 minutes for which she is entitled to
 overtime compensation under FLSA.  The Arbitrator noted that the
 grievant acknowledged that her supervisor did not request that she work
 overtime and that the grievant did not seek permission of her supervisor
 to work overtime.  The Arbitrator also noted that the supervisor
 testified that she was unaware that the grievant had extended her
 worktime by 15 minutes.  In resolving the grievance the Arbitrator
 indicated that under FLSA compensable worktime includes time during
 which an employee is suffered or permitted to work.  In particular, he
 cited 5 CFR Section 551.102(e) which defines work that is suffered or
 permitted as follows:
 
          (A)ny work performed by an employee for the benefit of an
       agency, whether