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58 FLRA No. 19
U. S. Dept. of Agriculture, Federal Grain Inspection Service Grain Inspection, Packers and Stockyards Administration and AFGE, Local 3157 (Raffaele, Arbitrator), 0-AR-3429 (Decided September 12, 2002)
The Arbitrator determined that a disputed overtime assignment was not in accordance with the parties' collective bargaining agreement and awarded the grievants backpay. However, the Authority found that the award of backpay was deficient.
The Authority concluded that the award of backpay was contrary to the Back Pay Act noting that the Arbitrator did not find and the record did not establish that the Agency's failure to follow the procedures of the parties' collective bargaining agreement resulted in the loss of 5 hours of overtime pay on the disputed weekend. The Authority further found that nothing in the record supported a causal connection between any unwarranted action of the Agency and the grievants' failure to work a full overtime shift on the disputed Sunday.
When an arbitrator's finding of a contractual violation remains undisturbed but an award of backpay is found deficient, the Authority normally remands the award for consideration of an appropriate remedy. However, here, after receiving an unopposed request for clarification of his award, the Arbitrator specifically provided for an alternative remedy of providing the grievants with the opportunity to work the next available 5 hours of overtime, in the event backpay was unauthorized. Neither party excepted to the alternative remedy. Consequently, the Authority's decision to strike the award of backpay made operative the Arbitrator's alternative remedy of providing the grievants with the opportunity to work the next available 5 hours of overtime. Therefore, the award was modified by striking the Arbitrator's order of 5 hours of backpay.