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56 FLRA No. 138
U.S. Department of Defense Education Activity Arlington, Virginia and Federal Education Association (Duffy, Arbitrator), 0-AR-3312 (Decided September 29, 2000)
The Arbitrator found that the Agency committed an unjustified or unwarranted personnel action under the Back Pay Act by failing to adjust the grievants' pay lanes or steps consistent with the parties' collective bargaining agreement and to pay them accordingly, and that the Agency owed them back pay with interest. The Authority concluded that the Agency did not establish that the award was deficient under section 7122(a) of the Statute.
The Authority noted that Office of Personnel Management regulations implementing the Back Pay Act could not be challenged in this proceeding. The Authority noted that section 7105 of the Statute enumerates the powers and duties of the Authority, none of which relate to passing judgment on rules or regulations that OPM or any other Federal agency has enacted. The Authority further noted that if the Agency wished to challenge the validity of the OPM regulations implementing the Back Pay Act, it may do so in an appropriate Federal district court, not through exceptions to an arbitrator's award. The Authority further noted that the Agency's Back Pay Act arguments in this case were encompassed by the Back Pay Act arguments made by it in U.S. Department of Defense, Education Activity, Arlington, Virginia and Federal Education Association, 56 FLRA No. 119 (September 26, 2000). Also rejected were the allegations that the award failed to draw its essence from the parties' agreement and that it was based on a nonfact.