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57 FLRA No. 150
American Federation of Government Employees, Local 916 and U. S. Dept. of the Air Force, Oklahoma Air Logistics Center Tinker Air Force Base, Oklahoma (Neas, Arbitrator), 0-AR-3413 (Decided March 12, 2002)
In this case, the Arbitrator found that the Agency violated the parties' collective bargaining agreement by failing to properly offer the grievant two separate opportunities to work overtime. However, he determined that the appropriate remedy was an award entitling the grievant to work the next two available overtime opportunities, rather than awarding the grievant backpay under the Back Pay Act. The Union filed an exception.
The Authority concluded that the Union's exception failed to establish that the award was deficient under § 7122(a) of the Statute. The Authority noted that while the Arbitrator determined that the Agency violated the parties' agreement, the Arbitrator found that the Union failed to offer any proof that the grievant actually suffered a monetary loss. As to the validity of the remedy awarded, the Authority noted that the remedy was based on the Arbitrator's interpretation of Article 9, Section I of the parties' agreement.