Arbitrator's Backpay Award May Not Be Implemented

A union appealed a decision of the Federal Labor Relations Council denying an arbitrator's award which directed restoration of certain employees to their former positions with backpay. The arbitrator found that the agency violated a negotiated agreement by failing to consult with the union prior to converting certain wage board positions to General Schedule. The arbitrator did not have the authority to restore the employees to their former positions and did not meet the test of finding that but for the agency's failure to consult with the union, the employees would have been entitled to additional compensation.