Backpay for Overtime Assignment Denied in Violation of Labor-Management Agreement

B-175275.14: Jun 20, 1975

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An advance decision was requested concerning an employee's entitlement to backpay because he was denied an overtime assignment in violation of the basic agreement between the agency and the employee's union. Backpay was payable because the agency violation, which resulted in loss of pay, was an unjustified and unwarranted personnel action under the Back Pay Act in spite of the fact that the action was one of omission rather than commission.