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57 FLRA No. 174
International Federation of Professional and Technical Employees, Local 529 and U. S. Dept. of the Army, Army Corps of Engineers, Memphis, District, Memphis, Tennessee (Edgett, Arbitrator), 0-AR-3462 (Decided May 21, 2002)
The Arbitrator found that employees who drove a government van which transported off-duty employees between their work site and another Agency facility were entitled to overtime pay under the Fair Labor Standards Act (FLSA). He awarded backpay and liquidated damages, but denied the Union's request for attorney fees. The Authority remanded the case to the parties for resubmission to the Arbitrator, absent settlement, to determine an award of reasonable attorney fees.
The Authority found that the Arbitrator did not exceed his authority by failing to resolve whether the grievants were entitled to compensation under title 5. Additionally, the Authority concluded that the award was not contrary to the overtime pay provisions of title 5. However, the Authority found that the award was contrary to the attorney fee provision of the FLSA