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Arbitration Award of Backpay to Air Traffic Controller Deprived of Overtime Work

B-180010 Oct 29, 1975
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Highlights

An advance decision was requested regarding the propriety of a payment ordered by a labor relations arbitrator for 1 hour backpay to an employee deprived of overtime work in violation of a negotiated labor-management agreement. Agency violations of such agreements which directly result in loss of pay, allowances, or differentials are unjustified and unwarranted personnel actions as contemplated by the Back Pay Act. Therefore, since the agency obligated itself to provide 2 hours of productive work when an employee was held on duty beyond his regular shift and, in violation of the agreement, provided him only 1 hour, an arbitration award providing backpay to the employee for the additional hour was sustained.

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