39:1051(89)AR - - Transportation, FAA, Decatur ATCT and National Air Traffic Controllers Association - - 1991 FLRAdec AR - - v39 p1051
[ v39 p1051 ]
The decision of the Authority follows:
39 FLRA No. 89
FEDERAL LABOR RELATIONS AUTHORITY
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
NATIONAL AIR TRAFFIC CONTROLLERS ASSOCIATION
March 6, 1991
Before Chairman McKee and Members Talkin and Armendariz.
I. Statement of the Case
This matter is before the Authority on exceptions to the award of Arbitrator Barbara W. Doering filed by the Union under section 7122(a) of the Federal Service Labor-Management Relations Statute (Statute) and part 2425 of the Authority's Rules and Regulations. The Agency did not file an opposition to the Union's exceptions.
The Arbitrator found that the grievant's performance appraisal included comments which the Arbitrator considered to be "unfair, either as the result of investigatory procedure or by virtue of the circumstances." Award at 12. The Arbitrator also found that the evidence did not provide "any basis for upward revision of the 'fully successful' rating given the grievant" and she denied the grievant's request that her appraisal be raised to "exceptional." Id.
For the following reasons, we conclude that the Union's exceptions provide no basis for finding the award deficient. Accordingly, we will deny the exceptions.
II. Background and Arbitrator's Award
This dispute involves the performance appraisal given the grievant, an air traffic controller, for the period April 1, 1988 to March 31, 1989. The grievant received an overall rating of "fully successful" based on her rating in three job elements. A grievance was filed alleging that the appraisal "was the result of bias and lack of objectivity on the part of the rating official, her immediate supervisor[.]" Award at 4. When the grievance was not resolved, it was submitted to arbitration on the following issue:
Did the evaluation of the grievant . . . include erroneous and misleading statements as alleged in the grievance? If so--based upon the evidence produced--is requested relief justified, or, alternatively, is there any other form of remedy which would be appropriate?
Id. at 1.
The Arbitrator examined the appraisal and determined, as relevant here, that the Union arguments were "well-taken with respect to the fairness of inclusion of some of the negative comments" in the appraisal. Id. at 10. The Arbitrator concluded, in this regard, that particular portions of attachments to the appraisal should be removed.
The Arbitrator also concluded, however, that the removal of the specified portions of the appraisal did not warrant raising the grievant's appraisal rating from "fully successful" to "exceptional." The Arbitrator stated, in this regard, that the Union did not offer any examples of "'outstanding' or 'exceptional' performance by the grievant which [the grievant's supervisor] failed to consider in the [appraisal] and which might justify a higher rating." Id. at 11. The Arbitrator concluded that the Union did not prove that the grievant was entitled to a higher appraisal rating and denied the Union's req