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16:0811(112)AR - Justice, Federal Correctional Institution, Danbury, CT and AFGE, Council of Prison Locals, Local 1661 -- 1984 FLRAdec AR



[ v16 p811 ]
16:0811(112)AR
The decision of the Authority follows:


 16 FLRA No. 112
 
 U.S. DEPARTMENT OF JUSTICE
 FEDERAL CORRECTIONAL INSTITUTION
 DANBURY, CONNECTICUT
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, COUNCIL OF PRISON LOCALS,
 LOCAL 1661
 Union
 
                                            Case No. O-AR-507
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Alexander MacMillan filed by the Department of Justice (the
 Agency) on behalf of the Activity pursuant to section 7122(a) of the
 Federal Service Labor-Management Relations Statute and part 2425 of the
 Authority's Rules and Regulations.
 
    The dispute in this matter arose when the Activity denied the claims
 of the grievants for compensation for time they were required to travel
 during non-duty hours to attend training sessions in Denver, Colorado.
 The Arbitrator acknowledged that the training sessions were scheduled
 and controlled administratively by the Agency.  The Arbitrator
 determined that while it therefore appeared that under 5 U.S.C.
 5542(b)(2) the grievants' travel time was not compensable, the Activity
 had "an affirmative burden" to demonstrate that no other arrangement
 than requiring non-duty travel was practicable.  The Arbitrator found
 that the Activity had not established that it was not practicable to
 schedule the grievants' training and related travel within their regular
 work hours.  The Arbitrator concluded that the Activity had violated the
 parties' collective bargaining agreement and, as a remedy, awarded the
 grievants compensatory time equal to the time they were required to
 travel during non-duty hours.
 
    In its exceptions, the Agency contends, among other things, that the
 Arbitrator's award is contrary to 5 U.S.C. 5542(b)(2).  The Authority
 agrees.
 
    It is well-established that compensatory time can only be awarded for
 compensable "hours of employment" under 5 U.S.C. 5542(b)(2) and,
 additionally, that under 5 U.S.C. 5542(b)(2)(B)(iv), travel time is not
 compensable hours of employment unless the event which necessitated the
 travel is one which could not be scheduled or controlled
 administratively.  See, e.g., Air Force Logistics Command,
 Wright-Patterson Air Force Base and American Federation of Government
 Employees, Local 1138, 15 FLRA No. 95 (1984).
 
    In this case, as expressly acknowledged by the Arbitrator, the
 grievants' training was scheduled and controlled administratively.
 Consequently, their travel time did not constitute compensable hours of
 employment under section 5542(b)(2) for which compensatory time could be
 granted.  Therefore, the Arbitrator's award of compensatory time is
 contrary to 5 U.S.C. 5542(b)(2).
 
    Accordingly, the award is hereby set aside.
 
    Issued, Washington, D.C., December 13, 1984
                                       /s/ Henry B. Frazier III
                                       Henry B. Frazier III, Acting
                                       Chairman
                                       /s/ Ronald W. Haughton
                                       Ronald W. Haughton, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY