54:0240(33)AR - - National Air Traffic Association & DOT, FAA, Ithaca, NY // [ Department of Transportation; Federal Aviation Administration ] - - 1998 FLRAdec AR - - v54 p240



[ v54 p240 ]
54:0240(33)AR
The decision of the Authority follows:


54 FLRA No. 33

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

NATIONAL AIR TRAFFIC CONTROLLERS ASSOCIATION

(Union)

and

U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

ITHACA, NEW YORK

(Agency)

0-AR-2971

_____

ORDER DISMISSING EXCEPTIONS

May 29, 1998

_____

Before the Authority: Phyllis N. Segal, Chair; Donald S.

Wasserman and Dale Cabaniss, Members.

Decision by Member Wasserman for the Authority.

I. Statement of the Case

This matter is before the Authority on exceptions to an award of Arbitrator Irwin J. Dean, 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.

The Arbitrator mitigated the grievant's removal to a 3-day suspension, but reinstated the grievant without backpay. We conclude that we lack jurisdiction over the exceptions. Accordingly, we dismiss the Union's exceptions.

II. Background and Arbitrator's Award

The grievant was employed as an air traffic control specialist. He was removed for misconduct and filed a grievance disputing his removal. The Arbitrator mitigated the removal to a 3-day suspension, but reinstated the grievant without backpay.

III. Positions of the Parties

A. Union's Exceptions

The Union contends that the Arbitrator's reinstatement of the grievant without backpay is contrary to the Back Pay Act, 5 U.S.C. § 5596, and the parties' collective bargaining agreement.

B. Agency's Opposition

The Agency contends that the award is not deficient. In addition, the Agency contends that the Authority has jurisdictio