Click here to view the decision.
57 FLRA No. 98
U.S. Dept. of Commerce, National Oceanic and Atmospheric Administration, Office of Marine and Aviation Operation, Marine Operations Center, Norfolk, Virginia and International Brotherhood of Electrical Workers, Local 80 (Foster, Arbitrator), 0-AR- 3041
The Authority issued its original decision and remand order in this matter in 55 FLRA 816 (1999), it also denied reconsideration in 55 FLRA 1107 (1999). On remand, the Arbitrator concluded that the Agency's violation of the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201, was not willful and, therefore, that a two-year statute of limitations was applicable to all of the grievants. The Arbitrator also found that liquidated damages to "all grievants" from the date of the grievance or from the date of the initial arbitration award was not warranted. However, the Arbitrator determined that the Agency did not establish a good faith basis for the undue delay after the Authority's decision in implementing the arbitration award. Accordingly, the Arbitrator ordered the Agency to pay a 20 percent annualized addition to the computed backpay amount from December 22, 1999, until final payment to the grievants is made, as a form of liquidated damages.
The Authority denied the Agency's request that to apply a new Office of Personnel Management (OPM) regulation to the facts of this case. It concluded that the Arbitrator did not err when he determined that a two year statute of limitations in computing the award of backpay was applicable in this case. The Authority found that the Arbitrator exceeded his authority when his award provided backpay and liquidated damages to non-grievants, and when his award included non-grievants in the determination of the statute of limitations for standby pay, and set aside those portions of the award. The Authority also found that the Arbitrator's determination that liquidated damages should be awarded for the employer's actions after December 22, 1999 was contrary to the FLSA and was set aside. The Union's request for interest was also denied.