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58 FLRA No. 76
AFGE, Local 3882 and U. S. Dept. of Justice Federal Bureau of Prisons, Federal Correctional Institution, Ray Brook, New York (Toomey, Arbitrator) 0-AR-3676 (Decided December 8, 2003 )
The grievance alleged that bargaining unit employees were entitled to overtime under the Fair Labor Standards Act (FLSA or the Act), 29 U.S.C. § 207(a), because they performed work during their scheduled 30 minute lunch break. The Arbitrator found that the grievance was not timely filed under Article 31, Section d. of the parties' collective bargaining agreement and dismissed the grievance. The Authority remanded the award for clarification.
The Authority found that in the absence of a determination by the Arbitrator on the meaning of the last sentence of Article 31, Section d, it was not clear whether or not the parties intended § 255(a) to apply in this case or whether they intended to establish a conflicting time limit. Consequently, the Authority remanded the award to the parties, absent settlement, for resubmission to the Arbitrator so that he can clarify the basis of his award.