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57 FLRA No. 95
U.S. Department of the Navy, Naval Sea Systems Command and International Federation of Professional and Technical Engineers (Gentile, Arbitrator), 0-AR-3321 (Decided September 28, 2001)
The Arbitrator sustained a grievance claiming that the Agency violated a memorandum of understanding by failing to compensate employees fully for overtime worked. The Authority denied the exceptions.
There was no dispute in this case that under the Global MOU, as interpreted by the Arbitrator, the grievants' entitlement to compensation for overtime work performed was governed by the FLSA. Under the relevant overtime provisions of the FLSA, the grievants in this case were entitled to overtime compensation at rates equal to one and one-half times their hourly regular rate of pay for the periods of overtime worked. Alternatively, compensatory time off was available in lieu of overtime pay at the request of an employee.
The Authority noted that there was no evidence in this case that the Agency provided employees with a choice of whether to elect compensatory time off, in lieu of overtime pay, as required under 5 C.F.R. § 551.531(a). Thus, the Authority concluded that since the grievants were not given the choice of electing compensatory time off or overtime pay, the award, which provided the grievants with the difference between straight time and time and one-half, was not contrary to law.