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17:0056(15)AR - Bureau of the Mint, Denver, CO and Mint Council, AFGE -- 1985 FLRAdec AR

[ v17 p56 ]
The decision of the Authority follows:

 17 FLRA No. 15
                                            Case No. O-AR-481
    This matter is before the Authority on exceptions to the award of
 Arbitrator George E. Bardwell filed by the Activity under 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 grievant's brother was
 selected as a supervisor of the third shift to which the grievant was
 also assigned.  The Activity determined that the supervisor-subordinate
 relationship between the brothers would constitute a nepotism situation
 prohibited by Chapter 310 of the Federal Personnel Manual.  When the
 grievant declined a reassignment to the second shift for personal
 reasons, the Activity reassigned him to the day shift, which resulted in
 the loss of the ten percent night differential pay he had received on
 the third shift.  The Arbitrator found that the grievant was deprived of
 his third shift assignment in violation of the seniority provisions in
 the parties' agreement.  The Arbitrator thereupon awarded the grievant
 shift differential pay of three percent to cover the difference between
 the third and the second shift differentials.
    In its exceptions, the Activity alleges, among other things, that the
 award is not authorized by law.  The Authority agrees.
    The legal basis for payment of night shift differential is 5 U.S.C.
 5545(a), which provides for payment of such differential only for
 regularly scheduled work between the hours of 6:00 p.m. and 6 a.m.  In
 this case, since the grievant was reassigned to the day shift, payment
 of night differential is not authorized under 5 U.S.C. 5545(a).
    Accordingly, the Arbitrator's award is set aside.  /1/ Issued,
 Washington, D.C., February 28, 1985
                                       Henry B. Frazier III, Acting
                                       William J. McGinnis, Jr., Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 --------------- FOOTNOTES$ ---------------
    /1/ In view of this decision, it is not necessary to address the
 Activity's other exceptions to the award.