Back pay under sustained grievance NC-AEA-09-96291-EWR-4

Jim,

As you stated in the sustenance of my grievance regarding payment of the Organization Success Increase for 2008, the Agency will retroactively adjust my pay to reflect the “misinterpretation” of the agreement. In accordance with the Back Pay Act - 5 USC 5596, the Agency is required to retroactively adjust my pay plus pay me accrued interest.

The relevant sections of the Act read:

5 USC 5596

(b)

(1) An employee of an agency who, on the basis of a timely appeal or an administrative determination (including a decision relating to an unfair labor practice or a grievance) is found by appropriate authority under applicable law, rule, regulation, or collective bargaining agreement, to have been affected by an unjustified or unwarranted personnel action which has resulted in the withdrawal or reduction of all or part of the pay, allowances, or differentials of the employee—

(A) is entitled, on correction of the personnel action, to receive for the period for which the personnel action was in effect—

(i) an amount equal to all or any part of the pay, allowances, or differentials, as applicable which the employee normally would have earned or received during the period if the personnel action had not occurred, less any amounts earned by the employee through other employment during that period; and

(2)

(A) An amount payable under paragraph (1)(A)(i) of this subsection shall be payable with interest.

(B) Such interest—

(i) shall be computed for the period beginning on the effective date of the withdrawal or reduction involved and ending on a date not more than 30 days before the date on which payment is made;

(ii) shall be computed at the rate or rates in effect under section 6621(a)(1) of the Internal Revenue Code of 1986 during the period described in clause (i); and

(iii) shall be compounded daily.

Please ensure that all appropriate interest under the statute is included in the restoration of pay. Please ensure that the payment is itemized and that the method of calculation is included in correspondence addressed to me outlining the restoration. These measures are required to ensure the Agency’s compliance with applicable agreements and law.

Thank you,

Raymond Adams

NATCA EWR President