DECISION OF THE BOARD OF DIRECTORS
I. Statement of the Case
This matter is before the Board on exceptions to a grievance arbitration award filed by the Fraternal Order of Police, District of Columbia Lodge No. 1 U.S. Capitol Police Labor Committee (“Union”) under 5 U.S.C. § 7122, as applied by section 220(a) of the Congressional Accountability Act, 2 U.S.C. § 1351(a), and part 2425 of the Substantive Regulations of the Office of Compliance.
At the outset of the arbitration proceeding, the United States Capitol Police (“USCP”) raised the issue whether the grievance was procedurally arbitrable. The parties stipulated that the substantive issue to be decided was as follows:
Did the Department violate Article 18 of the Collective Bargaining Agreement when it failed to count hours of leave (counted as intermittent FMLA leave) toward Officer [Sean] Flynn’s overtime threshold? If so what shall the remedy be?
After a hearing, the Arbitrator determined that the grievance was procedurally arbitrable, but he denied the Union’s grievance on the merits.
For the following reasons, we deny the Union’s exceptions.
II. Background and Arbitration Award
Article 18 of the governing collective bargaining agreement (“CBA”) provides that the basic work period for bargaining unit employees is 14 consecutive days. Joint Hearing Exhibit (Ex.) 3 at 35. Officers are eligible to earn overtime compensation after they work 85 hours during the 14-day time period. Id. In this regard, Section 18.02(1) provides, in relevant part, that “[c]redit toward the overtime threshold of eighty-five hours will be given for actual hours worked, legal holidays, and all leave which has been applied for on the appropriate department form and approved.” Id.
The grievant, Officer Sean Flynn, began working with the USCP in 2003, and at the time of the hearing, he held the rank of Private First Class. On September 13, 2014, Officer Flynn completed Forms CP-506-A requesting permission to use leave under the Family Medical Leave Act (FMLA) totaling up to 240 hours for himself and up to 240 hours for his wife.
