Click here to view the decision.
55 FLRA No. 17
National Federation of Federal Employees Local 186 and U.S. Dept. of the Interior Bureau of Indian Affairs Office of Indian Education Programs Flandreau Indian School Flandreau, South Dakota 0-AR-3032 (Decided January 8, 1998)
The Arbitrator declined to award backpay to a grievant who had been subjected to a reduction-in-force (RIF) where the Agency's notification of the RIF violated 5 C.F.R. §§ 351.801, 351.802. The Authority concluded that the Union failed to established that the award was deficient under section 7122(a) of the Statute.
The Authority rejected the allegation that the award was based on a nonfact. The Authority also concluded that the award was not contrary to the Back Pay Act. The Authority found that the award met the requirements of the Act.