National Air Traffic Controllers Association, MEBA/NMU, AFL-CIO and U.S. Department of Transportation, Federal Aviation Administration (Authority decision, January 27, 1998)

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 Federal Aviation Administration. The FAA opposed the union's exceptions. The Authority found no ground under section 7122(a) for finding the award deficient and denied the exceptions, leaving the award in place. The decision does not describe the underlying grievance or the award's terms.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Union's exceptions denied; arbitration award left in place.
• Key point: The union did not establish a ground for setting aside the award.

Full text (FLRA public release)

[ v53 p1198 ]
53:1198(99)AR

The decision of the Authority follows:

53 FLRA No. 99

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

NATIONAL AIR TRAFFIC CONTROLLERS
ASSOCIATION

MEBA/NMU, AFL-CIO

(Union)

and

U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

(Agency)

0-AR-2960

_____

DECISION

January 27, 1998

_____

Before the Authority: Phyllis N. Segal, Chair; Donald S. Wasserman and Dale Cabaniss, Members.

This matter is before the Authority on exceptions to an award of Arbitrator Paul J. Fasser, Jr. 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 raised in the exceptions and set forth in section 7122(a).

Accordingly, the Union's exceptions are denied.

FOOTNOTES:
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have footnotes.)