National Air Traffic Controllers Association and U.S. Department of Transportation, Federal Aviation Administration (Authority decision, September 30, 1997)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority involving an arbitral award under 5 U.S.C. § 7122. Judicial review under 5 U.S.C. § 7123(a) generally does not extend to such an order unless the order involves an unfair labor practice under 5 U.S.C. § 7116. This decision resolves exceptions to an arbitration award and does not state that it involves an unfair labor practice.

Plain-English summary

The National Air Traffic Controllers Association challenged an arbitration award involving the FAA. The Authority reviewed the record under the statutory grounds for setting aside an award and found none established. It specifically rejected the union's claim that the arbitrator failed to address its disparate-treatment allegation. The Authority denied the exceptions, leaving the award in place. The decision does not describe the underlying grievance or the award's remedy.

Decision snapshot

• Authority: Arbitration exceptions under 5 U.S.C. § 7122(a).
• Outcome: Union exceptions denied; the arbitration award remains in place.
• Key point: The Authority found no basis for the claim that the arbitrator failed to resolve the disparate-treatment allegation.

Full text (FLRA public release)

[ v53 p513 ]
53:0513(55)AR

The decision of the Authority follows:

53 FLRA No. 55

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

NATIONAL AIR TRAFFIC CONTROLLERS
ASSOCIATION

(Union)

and

U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

(Agency)

0-AR-2806

_____

DECISION

September 30, 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 Donald Daughton 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 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.)

*/ In denying the Union's exceptions, we
reject the Union's claim that the Arbitrator failed to address or resolve its allegation of disparate treatment.