Backpay for Failure To Assign Overtime Duty

An agency requested an advanced decision concerning the proper settlement of a claim for overtime compensation. The grievance was filed by two workmen under a negotiated labor agreement. The workmen alleged that, under the terms of the contract, certain overtime work should have been assigned to them as they regularly performed these duties. The agency asked if this violation of contract entitled the workmen to backpay for overtime. GAO found that the contract was mandatory in this matter, and established a nondiscretionary agency policy. The workmen could have been assigned the work without delaying completion of the task. The agency would have had the discretion to use other workers only in abnormal circumstances. The agency's violation of the contract entitled the employees to backpay.