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57 FLRA No. 115
Social Security Administration and AFGE, Local 220 (Evans, Arbitrator), 0-AR- 3426(Decided November 30, 2001)
The Arbitrator found that the Agency violated the parties' collective bargaining agreement by failing to temporarily promote certain employees. The Authority concluded that the Agency failed to demonstrate that the award was deficient and denied the Agency's exceptions.
The Authority concluded that the award was not contrary to the Back Pay Act. It explained that an award of backpay is authorized under the Back Pay Act, 5 U.S.C. § 5596, when an unjustified or unwarranted personnel action results in the reduction of an employee's pay, allowances or differentials. Denying an employee a temporary promotion to which the employee is entitled under a collective bargaining agreement constitutes an unjustified or unwarranted personnel action. Here, the Arbitrator specifically found that employees who performed mentoring duties were entitled to be temporarily promoted under Article 26, section 6 of the parties' agreement, and that the Agency's failure to promote those employees violated the parties' agreement. Consequently, the Arbitrator's award of backpay in these circumstances was authorized under the Back Pay Act. The Authority also concluded that the award was not based on a nonfact nor that it failed to draw its essence from the parties' agreement.