National Air Traffic Controllers Association and United States Department of Transportation, Federal Aviation Administration (Authority decision, June 16, 1997)

Final FLRA decision. The Authority denies exceptions to an arbitration award. Under 5 U.S.C. § 7123(a)(1), an order involving an arbitral award is generally excluded from judicial review unless it involves an unfair labor practice under 5 U.S.C. § 7116. This decision does not address an unfair labor practice.

Plain-English summary

The National Air Traffic Controllers Association challenged an arbitration award in a dispute with the Federal Aviation Administration. The agency opposed the union's exceptions. After reviewing the record, the Authority found no ground under the federal arbitration-review statute to set the award aside and denied the exceptions. This short published decision does not describe the underlying grievance, the award's remedy, or the union's specific objections.

Decision snapshot

• Authority: Arbitration exceptions under 5 U.S.C. § 7122(a).
• Outcome: Union exceptions denied; arbitration award left in place.
• Key point: The Authority found no asserted ground sufficient to disturb the award; the published decision gives no dispute details.

Full text (FLRA public release)

[ v53 p28 ]
53:0028(6)AR

The decision of the Authority follows:

53 FLRA No. 6

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

NATIONAL AIR TRAFFIC CONTROLLERS
ASSOCIATION

MEBA/NMU

(Union)

and

U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

(Agency)

0-AR-2794

_____

DECISION

June 16, 1997

_____

Before the Authority: Phyllis N. Segal, Chair; and Donald S. Wasserman, Member.

This matter is before the Authority on exceptions to an award of Arbitrator David A. Concepcion filed by the Union under section 7122(a) of the Federal Service Labor-Management Relations Statute (the Statute) and part 2425 of the Authority's Regulations. The Agency filed an opposition to the Union's exceptions.

Under section 7122(a) of the Statute, an award is deficient if it is contrary to any law, rule, or regulation; or it is deficient on other grounds similar to those applied by Federal courts in private sector labor-management relations. Upon careful consideration of the entire record in this case, the Authority concludes that the award is not deficient on any of the grounds set forth in section 7122(a).

Accordingly, the Union's exceptions are denied.

FOOTNOTES:
(If blank, the decision does not
have footnotes.)