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56 FLRA No. 39
U.S. Department of the Navy, Naval Explosive Ordinance Disposal Technology Division, Indian Head, Maryland and AFGE, Local 1923 (Bowers, Arbitrator), 0- AR-3199 (Decided April 28, 2000)
The Arbitrator sustained a grievance alleging that the Agency improperly exempted eight Equipment Specialists from overtime coverage under the Fair Labor Standards Act (FLSA). The Arbitrator ordered the Agency to reclassify the eight specialists as nonexempt. The Arbitrator also ordered back pay and statutory liquidated damages for uncompensated overtime for a period of two years prior to the filing date of the grievance. The Authority concluded that the award was not deficient under section 7122(a) of the Statute.
The Authority noted that the Arbitrator's consideration of the employees' pds was not contrary to law, that the arbitrator's consideration of the nonexempt status of other employees with the same or similar duties was not contrary to law, and that the Arbitrator's award of liquidated damages was not contrary to law. The Authority also rejected the allegations that the award was not based on nonfacts, or that it was contrary to public policy.