United States Department of the Air Force, San Antonio Air Logistics Center, Kelly Air Force Base, San Antonio, Texas (Agency) and American Federation of Government Employees, Local 1617 (Union)
[ v58 p71 ]
58 FLRA No. 14
DEPARTMENT OF THE AIR FORCE
SAN ANTONIO AIR LOGISTICS CENTER
KELLY AIR FORCE BASE
SAN ANTONIO, TEXAS
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1617
September 11, 2002
Before the Authority: Dale Cabaniss, Chairman, and
Carol Waller Pope and Tony Armendariz, Members [n1]
I. Statement of the Case
This matter is before the Authority on exceptions to an award, in the form of a supplemental order, of Arbitrator Larry D. Smith filed by the Agency under § 7122(a) of the Federal Service Labor-Management Relations Statute (the Statute) and part 2425 of the Authority's Regulations. The Union filed an opposition to the Agency's exceptions.
For the reasons that follow, we find that the Arbitrator's supplemental order is moot.
The Arbitrator's supplemental order is related to an underlying arbitration award issued by the Arbitrator and reviewed by the Authority in United States Dep't of the Air Force, San Antonio Air Logistics Ctr., Kelly Air Force Base, San Antonio, Tex., 58 FLRA No. 13 (2002) (Member Pope dissenting) (Kelly AFB). In the underlying award, the Arbitrator ruled that employees were entitled to have received environmental differential pay and awarded them backpay. Both the Agency and the Union filed exceptions with the Authority to this award. [ v58 p72 ] In Kelly AFB, the Authority concluded that the award was deficient.
While the exceptions to the underlying award were pending before the Authority, the Arbitrator issued a "Supplemental Order to Previous Award." In order to "maximize the prospects of each employee being awarded the correct amount of backpay due[,]" he ordered the Agency to present the Union with a list