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57 FLRA No. 123
National Treasury Employees Union Chapter 41 and U.S. Dept. of the Treasury Internal Revenue Service, Southwest District (Nelson, Arbitrator, Arbitrator), 0- AR-3399 (Decided December 14, 2001)
The Arbitrator denied a grievance that alleged that the Agency violated the parties' alternative work schedules agreement (AWS agreement) by failing to grant the grievant credit hours for time spent traveling. The Authority denied the exception.
The Authority noted that matters concerning alternative work schedules are fully negotiable, subject only to the Act or laws superseding it. The issue here was whether the Act or any superseding law prohibited the granting of credit hours to an employee working an alternative work schedule for time the employee spent traveling.
The Authority noted that although the language of the Act and its implementing regulations do not address the matter, OPM, under its authority established in 5 U.S.C. § 6133(b)(1), has issued guidance and advice addressing the issue. In OPM's view, employees on alternative work schedules may not earn credit hours for time spent traveling.
The Authority further noted that it normally defers to guidance from OPM on statutory matters that OPM is entrusted to interpret if that guidance constitutes a reasonable interpretation of the statutory language. However, interpretations which lack the force of law, such as opinion letters, manuals and the like, do not warrant such deference. Under those circumstances, deference is appropriate only to the extent that those interpretations have the power to persuade. In this case, the Authority found that OPM's interpretation of the Act carried persuasive weight.