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57 FLRA No. 60
U.S. Dept. of the Navy, Naval Explosive Ordnance Disposal Technology Division Indian Head, Maryland and AFGE, Local 1923 (Bowers, Arbitrator), 0-AR-3214 (Decided June 21, 20001)
The Arbitrator sustained in part and denied in part a grievance claiming that the Agency improperly exempted eleven technicians from overtime pay under the Fair Labor Standards Act (FLSA). In sustaining the grievance, the Arbitrator ordered the Agency to reclassify ten of the eleven technicians as non-exempt. The Arbitrator also ordered back pay and statutory liquidated damages for uncompensated overtime for a period of two years prior to the filing date of the grievance. The Arbitrator denied the grievance as to one of the technicians who the Arbitrator found was properly exempted as an administrative employee on the basis of non-technician duties. The Authority denied the Agency's exceptions.
The Authority concluded that the Arbitrator had jurisdiction over the grievance, that the Arbitrator's consideration of PDs and OPM classification standards were not contrary to law and that the Arbitrator's award of liquidated damages was not contrary to law. Lastly, the Authority rejected the nonfact claim