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55 FLRA No. 43
Social Security Adm., Baltimore, Maryland and AFGE, AFL-CIO, Case No. WA-CA-50058 and WA-CA-50573 (Decided February 26, 1999)
The complaints alleged that the Respondent, Social Security Administration, Baltimore, Maryland, violated section 7116(a)(1) and (8) of the Statute by failing to comply with two arbitration awards. The complaint in Case No. WA-CA-50058 alleged that the Respondent violated the statute by unreasonable delay in implementing the terms of the award and by failing to comply with the remedies of the award of Arbitrator Henry L. Segal, referred to herein as "Segal," The complaint in the other case, Case No. WA-CA-50573, alleged that the Respondent refused to comply with the award of Arbitrator M. David Vaughn, referred to herein as "Vaughn. The Regional Director entered into settlement agreements with the Respondent, in each case providing that the issue as to whether interest on liquidated damages ordered in the awards was legally required would be presented to the Authority based on a stipulation.
The Authority found that the Respondent failed to comply with the Vaughn award, in violation of section 7116(a)(1) and (8) of the Statute, therefore, the Authority ordered the Respondent to pay interest on the award in that case commencing from the time when the Respondent should have complied, based on the Back Pay Act, 5 U.S.C. § 5596. The Authority further found that the record in Segal was insufficient to determine whether the Respondent violated the Statute as alleged. The case was remanded to the Regional Director for further processing.