Arbitration Award of Backpay to Employees Deprived of Overtime Work

An advance decision was requested regarding the propriety of sustaining an arbitration award that ordered backpay for employees deprived of overtime work in violation of a negotiated labor agreement. Agency violations of collective bargaining agreements which directly result in the loss of pay, allowances, or differentials constitute unjustified and unwarranted personnel actions as contemplated by the Back Pay Act. Where the agency required employees to work on a holiday in order to avoid paying overtime in violation of specific language in the negotiated contract, the award of backpay to the employees thus deprived of overtime work was proper and should be paid.