National Air Traffic Controllers Association and U.S. Department of Transportation, Federal Aviation Administration, Tampa, Florida (Authority decision, July 14, 1998)

Final FLRA decision. The Authority denies the union's 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 identify an unfair labor practice issue.

Plain-English summary

The National Air Traffic Controllers Association challenged an arbitrator's award in a dispute with the FAA in Tampa. The Authority found no ground under the statutory arbitration review standard to disturb the award and denied the union's exceptions. The short decision does not state what the grievance concerned or describe the union's substantive objections. The FAA also sought dismissal for filing defects, including an incorrect citation and omitted telephone number. The Authority rejected that request because the FAA did not assert prejudice from the defects, and the union had supplied its address and identified its new representative.

Decision snapshot

• Authority: Arbitration review under 5 U.S.C. § 7122(a).
• Outcome: Union's exceptions denied; arbitration award left in place.
• Key point: The stated filing defects did not justify dismissal without asserted prejudice, and the union showed no basis to set aside the award.

Full text (FLRA public release)

[ v54 p591 ]
54:0591(60)AR

The decision of the Authority follows:

54 FLRA No. 60

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

NATIONAL AIR TRAFFIC CONTROLLERS
ASSOCIATION

(Union)

and

U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

TAMPA, FLORIDA

(Agency)

0-AR-3061

_____

DECISION

July 14, 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 William H. Holley, 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:
(If blank, the decision does not
have footnotes.)

*/ In its opposition, the Agency
contends that the Union's exceptions should be dismissed because the Union: (1) used an incorrect citation; (2) failed to include its address and telephone number; and (3) changed its representative when it filed the exceptions. These contentions do not warrant dismissal of the exceptions. The Union included its address on the envelope which contained the exception, and notified the Agency of the change in the Union's representative when the exceptions were filed. Although the Union used an incorrect citation and did not provide its telephone number, there is no assertion that the Agency was prejudiced thereby.