Bureau of the Mint Denver and AFGE Mint Council (Authority decision, February 28, 1985)

Final FLRA decision. The Authority resolves exceptions to an arbitration award. Under 5 U.S.C. § 7123(a)(1), orders involving arbitral awards are generally excluded from judicial review unless they involve an unfair labor practice under 5 U.S.C. § 7116. This decision does not state that it involves one.

Plain-English summary

The Denver Mint moved an employee from the third shift after his brother became that shift's supervisor. The employee lost night differential pay, and an arbitrator awarded a three percent differential based on a seniority provision. The Authority held that federal law authorized night differential only for regularly scheduled work during specified night hours. Because the employee worked the day shift, it set aside the award.

Decision snapshot

• Authority: Night differential statute, 5 U.S.C. § 5545(a).
• Outcome: Arbitration pay award set aside.
• Key point: A contract remedy could not award night differential for day-shift work.

Full text (FLRA public release)

[ v17 p56 ]

17:0056(15)AR

The decision of the Authority follows:

17 FLRA No. 15

BUREAU OF THE MINT,
DENVER, COLORADO
Activity

and

MINT COUNCIL, AMERICAN
FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO
Union

Case No. O-AR-481

DECISION

This matter is before the Authority on exceptions to the award of Arbitrator George E. Bardwell filed by the Activity under section 7122(a) of the Federal Service Labor-Management Relations Statute and part 2425 of the Authority's Rules and Regulations.

The dispute in this matter arose when the grievant's brother was selected as a supervisor of the third shift to which the grievant was also assigned. The Activity determined that the supervisor-subordinate relationship between the brothers would constitute a nepotism situation prohibited by Chapter 310 of the Federal Personnel Manual. When the grievant declined a reassignment to the second shift for personal reasons, the Activity reassigned him to the day shift, which resulted in the loss of the ten percent night differential pay he had received on the third shift. The Arbitrator found that the grievant was deprived of his third shift assignment in violation of the seniority provisions in the parties' agreement. The Arbitrator thereupon awarded the grievant shift differential pay of three percent to cover the difference between the third and the second shift differentials.

In its exceptions, the Activity alleges, among other things, that the award is not authorized by law. The Authority agrees.

The legal basis for payment of night shift differential is 5 U.S.C. 5545(a), which provides for payment of such differential only for regularly scheduled work between the hours of 6:00 p.m. and 6 a.m. In this case, since the grievant was reassigned to the day shift, payment of night differential is not authorized under 5 U.S.C. 5545(a).

Accordingly, the Arbitrator's award is set aside. /1/ Issued, Washington, D.C., February 28, 1985 Henry B. Frazier III, Acting Chairman William J. McGinnis, Jr., Member FEDERAL LABOR RELATIONS AUTHORITY

--------------- FOOTNOTES$ ---------------

/1/ In view of this decision, it is not necessary to address the Activity's other exceptions to the award.