The Union represented shop workers who were not being paid the proper environmental differential pay (EDP) after the Agency unilaterally decided to cease making such payments.
After an arbitration hearing and briefing the Arbitrator found that the Agency violated the regulations for EDP and the parties’ contract when it ceased the past practice and stopped paying employees for the hazardous duties.
The Agency appealed the decision to the Federal Labor Relations Authority (FLRA) and the Union opposed the Agency’s appeal. The FLRA upheld the Arbitrator’s decision and found that, among other reasons to justify dismissal, the Agency’s appeal was untimely.
A copy of that decision can be accessed here: https://www.flra.gov/decisions/v65/65-144.html.
As a result, the Agency paid in excess of $1,000,000.00 for backpay, interest, and attorney’s fees.