61 FLRA No. 5

U. S. DEPT. OF THE NAVY NAVAL AIR DEPOT CHERRY POINT, NORTH CAROLINA AND INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS
LOCAL 1859,  0-AR-3912 (June 9, 2005) (Frost, Arbitrator)

The grievance concerned the Agency's transfer of a Union steward from the second shift to the first shift. The Arbitrator found that the Agency violated the parties' agreement by transferring the steward and ordered that he be made whole.  The Authority denied the Agency's exceptions.

 The Arbitrator found that the Agency violated Article 7, Section 4 of the parties' agreement when it transferred the Union steward from the second shift to the first shift. The Authority noted that there was no dispute that the steward suffered the loss of the second shift differential during the period that he was improperly assigned to the first shift. The Arbitrator's make whole award implicitly found that the steward suffered a loss as a result of the Agency's violation of the parties' agreement and the record confirms that the loss was the amount of second shift differential he did not receive during the time of his assignment to the first shift. Consequently, the award established the causal connection between the unjustified and unwarranted personnel action and the loss suffered as result of that action. Thus, the Authority found that the award was consistent with the Back Pay Act.