Arbitration Award of Backpay for Overtime

An advance decision was requested regarding the legality of an arbitration award of backpay to 54 shipyard employees for overtime and time not worked. The arbitrator found that the shipyard changed the basic workweek of employees without complying with the consultation requirements of the negotiated labor-management agreement. Since the arbitrator did not find that, but for the failure of the shipyard to consult with the union, the change in the basic workweek would not have occurred, the award does not satisfy the criteria of the Back Pay Act and, therefore, may not be implemented.