37:0796(64)AR - - DOD, Marine Corps Logistics Base, Barstow, CA and AFGE Local 1492 - - 1990 FLRAdec AR - - v37 p796



[ v37 p796 ]
37:0796(64)AR
The decision of the Authority follows:


37 FLRA No. 64

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF DEFENSE

MARINE CORPS LOGISTICS BASE

BARSTOW, CALIFORNIA

(Agency)

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 1492

(Union)

0-AR-1902

DECISION

September 28, 1990

Before Chairman McKee and Members Talkin and Armendariz.

I. Statement of the Case

This matter is before the Authority on an exception to the award of Arbitrator Robert M. Leventhal filed by the Union under section 7122(a) of the Federal Service Labor-Management Relations Statute (the Statute) and part 2425 of the Authority's Rules and Regulations. The Agency did not file an opposition to the exception.

The Union filed a grievance claiming that the Agency violated the parties' agreement when it did not provide work for the grievant and charged him 8 hours of leave without pay (LWOP). The Arbitrator upheld the grievance and ordered the Agency to pay the grievant 8 hours' backpay. The Arbitrator denied the Union's request that the backpay include interest.

For the following reasons, we conclude that the portion of the award pertaining to the denial of interest is deficient because it is contrary to law. Accordingly, we will modify the award to provide for the payment of interest on the backpay award.

II. Arbitrator's Award

As pertinent here, the Arbitrator determined that the Agency violated the parties' agreement relating to reduced work operations over the 1988 Christmas season when it failed to provide the grievant with 8 hours of work. As a remedy, the Arbitrator directed the Agency to convert to annual leave the 8 hours of LWOP it had charged the grievant and to provide the grievant with 8 hours' backpay for the disputed period. The Arbitrator further determined that "[b]ased on the delays in this case, some of which were caused by the [g]rievant, the Union's prayer for interest is denied." Award at 15.

III. The Union's Exception

The Union contends that the award is "violative of law" because it is contrary to "Public Law 100-202," which provides for interest on backpay awards to Federal employees. Exception at 1. To support this contention, the Union cites FPM Bulletin No. 550-63, dated June 22, 1988, and the Bulletin's second attachment, Office of Personnel Management (OPM) Notice of Changes to Title 5 of the Code of Federal Regulations (OPM Notice).

IV. Analysis and Conclusion

Under the Back Pay Act, 5 U.S.C. § 5596(b), as amended, Pub. L. No. 100-202 (1987), an employee who is found to have been subjected to an u