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57 FLRA No. 116
AFGE, Local 1156 and Laborers' International Union, Local 1170 and U. S. Dept. of the Navy Naval Inventory Control Point, and Defense Logistics Agency, Mechanicsburg, Pennsylvania (Kaplan, Arbitrator), 0-AR-3294 (Decided November 30, 2001)
The Arbitrator issued a supplemental award clarifying that the backpay awarded in his initial award be calculated beginning six years prior to the filing of the grievance and ending on the date of the initial award. The Authority found that the Agencies failed to demonstrate that the supplemental award was deficient, and denied the Agencies' exceptions.
The Authority explained that where an arbitrator expressly retains jurisdiction to resolve disputes over interpretation or implementation of an award, the arbitrator may issue a supplemental award resolving such disputes. In this case, the Arbitrator expressly retained jurisdiction to resolve disputes over money payments, because the supplemental award resolved such a dispute, the Authority found that the Arbitrator was not functus officio.
The Authority also rejected the Agencies' assertion that the award violated the Back Pay Act. The Authority explained that section 5596(b)(4) provides, in relevant part, that in no case may pay, allowances, or differentials be granted under this section for a period beginning more than 6 years before the date of the filing of a timely appeal. This provision establishes the earliest date on which a grievant's entitlement to backpay may begin. However, nothing in the plain wording of this provision, or any other provision of the Back Pay Act, establishes when backpay must end. In this case, the Arbitrator determined that the grievants' entitlement to backpay continued up to the date of the initial award. Consistent with this finding, the Arbitrator awarded backpay beginning six years prior to the filing of the grievance up to the date of the initial award. As the award of backpay was consistent with § 5596(b)(4), the Authority found that the supplemental award was not contrary to the Back Pay Act.