U.S. Department of Justice, Federal Correctional Institution Danbury and American Federation of Government Employees, Local 1661 (Authority decision, December 13, 1984)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority setting aside an arbitration award. The order concerns an arbitration award under 5 U.S.C. § 7122. Section 7123(a)(1) generally excludes such orders from judicial review unless they involve an unfair labor practice under § 7118.

Plain-English summary

Employees at the Danbury federal prison traveled outside duty hours to attend agency training in Denver. An arbitrator awarded compensatory time after finding the prison had not shown that travel during regular hours was impracticable. The Authority held that federal law permits compensatory time for travel only when the event requiring travel could not be scheduled or controlled administratively. Because the agency controlled the training schedule, the travel was not compensable work time. The Authority set aside the award.

Decision snapshot

• Authority: Travel time compensation under 5 U.S.C. § 5542(b)(2) and arbitration review under § 7122(a).
• Outcome: Arbitrator's compensatory time award set aside.
• Key point: Travel to administratively scheduled training did not qualify as compensable hours under the cited statute.

Full text (FLRA public release)

[ v16 p811 ]

16:0811(112)AR

The decision of the Authority follows:

16 FLRA No. 112

U.S. DEPARTMENT OF JUSTICE
FEDERAL CORRECTIONAL INSTITUTION
DANBURY, CONNECTICUT
Activity

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, COUNCIL OF PRISON LOCALS,
LOCAL 1661
Union

Case No. O-AR-507

DECISION

This matter is before the Authority on exceptions to the award of Arbitrator Alexander MacMillan filed by the Department of Justice (the Agency) on behalf of the Activity pursuant to 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 Activity denied the claims of the grievants for compensation for time they were required to travel during non-duty hours to attend training sessions in Denver, Colorado. The Arbitrator acknowledged that the training sessions were scheduled and controlled administratively by the Agency. The Arbitrator determined that while it therefore appeared that under 5 U.S.C. 5542(b)(2) the grievants' travel time was not compensable, the Activity had "an affirmative burden" to demonstrate that no other arrangement than requiring non-duty travel was practicable. The Arbitrator found that the Activity had not established that it was not practicable to schedule the grievants' training and related travel within their regular work hours. The Arbitrator concluded that the Activity had violated the parties' collective bargaining agreement and, as a remedy, awarded the grievants compensatory time equal to the time they were required to travel during non-duty hours.

In its exceptions, the Agency contends, among other things, that the Arbitrator's award is contrary to 5 U.S.C. 5542(b)(2). The Authority agrees.

It is well-established that compensatory time can only be awarded for compensable "hours of employment" under 5 U.S.C. 5542(b)(2) and, additionally, that under 5 U.S.C. 5542(b)(2)(B)(iv), travel time is not compensable hours of employment unless the event which necessitated the travel is one which could not be scheduled or controlled administratively. See, e.g., Air Force Logistics Command, Wright-Patterson Air Force Base and American Federation of Government Employees, Local 1138, 15 FLRA No. 95 (1984).

In this case, as expressly acknowledged by the Arbitrator, the grievants' training was scheduled and controlled administratively. Consequently, their travel time did not constitute compensable hours of employment under section 5542(b)(2) for which compensatory time could be granted. Therefore, the Arbitrator's award of compensatory time is contrary to 5 U.S.C. 5542(b)(2).

Accordingly, the award is hereby set aside.

Issued, Washington, D.C., December 13, 1984
/s/ Henry B. Frazier III
Henry B. Frazier III, Acting
Chairman
/s/ Ronald W. Haughton
Ronald W. Haughton, Member
FEDERAL LABOR RELATIONS AUTHORITY