National Air Traffic Controllers Association (Union) and United States Department of Transportation, Federal Aviation Administration (Agency) (Authority decision, September 15, 2004)

Final FLRA decision. The Authority denies the union's exception 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 involving the Federal Aviation Administration. The Authority reviewed the union's exception under the statutory grounds for setting aside an award. It concluded that the award was not deficient on the grounds raised, citing its rule for claims that an award rests on a nonfact. The Authority denied the union's exception, leaving the arbitrator's award in place. The decision does not describe the underlying grievance or the terms of the award.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Union's exception denied; arbitration award stands.
• Key point: The union's challenge did not establish a basis for setting aside the award under § 7122(a).

Full text (FLRA public release)

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60 FLRA No. 52

NATIONAL AIR TRAFFIC

CONTROLLERS ASSOCIATION

(Union)

and

UNITED STATES

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

(Agency)

0-AR-3859

_____

DECISION

September 15, 2004

_____

Before the Authority: Dale Cabaniss, Chairman, and

Carol Waller Pope and Tony Armendariz, Members

This matter is before the Authority on an exception to an award of Arbitrator Jerome H. Ross filed by the Union under § 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 exception.

Under § 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, and Authority precedent, the Authority concludes that the award is not deficient on the grounds raised in the exception and set forth in § 7122(a). See United States Dep't of the Air Force, Lowry Air Force Base, Denver, Colo., 48 FLRA 589, 593-94 (1993) (award not deficient as based on a nonfact where excepting party either challenges a factual matter that the parties disputed at arbitration or fails to demonstrate that the central fact underlying the award is clearly erroneous, but for which a different result would have been reached by the arbitrator).

Accordingly, the Union's exception is denied.