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B-180010.05 1 (1976-01-02)

handle is hein.gao/gaobaddti0001 and id is 1 raw text is: I IR THE COMPTROLLER GENERAL DECISION 7. J OF THE UNITED STATES : WASHINGTON, D.C. 20548 03& DATE: January 2, 1976 FILE: B-180010.05 MATTER OF: Kel set ly Air Force Base back pay - pre-arbitration tlement agreement 1. The Back Pay Act of 1966, 5 U.S.C. 5596, requires, among other things, a determination that there has been an unjustified and unwarranted per- sonnel action before an award of back pay under that Act may be made. Assuming a determination has been, or is, made by the appropriate authority in this instance that there has been an unjustified or unwarranted personnel action on the part of management, an award of back pay may be made under the above-mentioned statute. 2. Whether employees should be paid over- time under Provisions of a collective bargaining agree:ent cannot be determined by the Comptroller General since this is a matter that would best be decided by an arbitrator after hearing evidence and arguments from the parties involved. This matter involves a requebt for an advance decision from the Commander, Kelly Air Force Base, Texas, as to whether the Comptroller General will authorize payments of back pay pursuant to a pre-arbitration settlement agreement. Briefly stated, the facts in the case are as follows. The normal workweek in the 433rd Tactical Air Wing (TAW) at Kelly Air Force Base, Texas, is five 8-hour days, Monday through Friday. In February 1975, the workweek was altered by the Activity (manage- ment) so that 30 TA employees worked during the weekend of February 22-23. Rather than pay overtime for this necessary weekend support, it was the decision of management that the 30 TAW employees involved not work an equivalent number of days during the normal workweek. This requirement to work was generated 3 LIG : I: