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B-175275.14 1 (1975-06-20)

handle is hein.gao/gaobadchh0001 and id is 1 raw text is: CKrcI3ION THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D.C. 20548 DATE: JUN 2 0 1975 B-175275,11 MATTER 0 DIGEST: ( F: Gerald Owen - Backpay for overtime assignment denied in violation of labor-management agreement Naval Ordnance Station and employee's union ask whether it is legal to pay employee backpay because he was denied overtime assignment in violation of a labor-management agreement. Agency violations of labor-management agreements which directly result in loss of pay, allowances, or differentials, are unjustified and unwarranted personnel actions as contemplated by the Back Pay Act. Backpay is payable even though the improper agency action is one of omission rather than commission. Therefore, an employee improperly denied overtime work may be awarded backpay. B-175867, June 19, 1972, applying the no work, no pay overtime rule to Back Pay Act cases will no longer be followed. This is a joint request for an advance decision received from Captain W. C. Klemm, USN, Commanding Officer, Naval Ordnance Station, Louisville, Kentucky, and from Mr. James W. Seidl, President, Local Lodge 830, International Association of Machinists and Aerospace . Workers (IAM & AW), as to whether the Department of the Navy may pay backpay to Mr. Gerald Oven, an employee of the Naval Ordnance Station, because he was denied an overtime assignment in violation of the basic agreement between the Naval Ordnance Station and Local Lodge 830. Normally, formal decisions on such matters would be rendered only on the request of the head of the agency or the head of the national union involved. However, in view of the importance of the matter and its Government-wide application, we are treating the request as if it had been made by the Secretary of the Navy or the head of the IAM & AW. Captain Klemm's and Mr. Seidl's joint submission shows that on Saturday, November 23, 1974, and on Sunday, November 24, 1974, Mr. Gerald Owen was denied an overtime assignment in violation of the terms of a labor-management agreement between the Naval Ordnance Station, Louisville, and Local Lodge 830, IAM & AW. The union filed a grievance on Mr. Owen's behalf but the Naval Ordnance Station refused to pay Mr. Owen for the overtime assignments even though it agreed that Mr. Owen would have been assigned to perform the overtime if the labor-management agreement had not been violated. PUBLISHED DECISION 64 Comp, Gen.m--- ) FILE: