National Air Traffic Controllers Association and U.S. Department of Transportation, Federal Aviation Administration, Western Pacific Region (Authority decision, May 28, 1998)

Final FLRA decision. The Authority denies the union's exceptions to an arbitration award, ending this proceeding before the Authority. Under 5 U.S.C. § 7123(a)(1), judicial review of an Authority order involving an arbitration award is generally excluded unless the order involves an unfair labor practice.

Plain-English summary

The National Air Traffic Controllers Association challenged an arbitrator's award involving the FAA Western Pacific Region. The Authority stated that it had considered the record and found no basis to set aside the award under 5 U.S.C. § 7122(a). It denied the union's exceptions. This short release does not describe the underlying grievance, the award's terms, or the particular grounds the union raised.

Decision snapshot

• Authority: Arbitration exceptions under 5 U.S.C. § 7122(a).
• Outcome: Union's exceptions denied; award left intact.
• Key point: The published decision gives no issue specific explanation beyond finding no deficiency under § 7122(a).

Full text (FLRA public release)

[ v54 p212 ]
54:0212(28)AR

The decision of the Authority follows:

54 FLRA No. 28

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

NATIONAL AIR TRAFFIC CONTROLLERS
ASSOCIATION

(Union)

and

U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WESTERN PACIFIC REGION

(Agency)

0-AR-3053

_____

DECISION

May 28, 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 Anthony V. Sinicropi 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:
(If blank, the decision does not
have footnotes.)