61 FLRA No. 8

U. S. DEPT. OF TRANSPORTATION, FAA AND NATIONAL AIR TRAFFIC CONTROLLERS
ASSOCIATION (Draznin, Arbitrator) 0-AR-3914 (June 17, 2005)

The Arbitrator sustained a grievance alleging that the Agency violated the parties' collective bargaining agreement when it changed the grievant's shift assignment. The Authority dismissed the Agency's exception that the award excessively interfered with its right to determine internal security practices and denied the Agency's remaining exceptions that the award was contrary to law.

Preliminarily, the Authority noted that it will not dismiss the Agency's exceptions on the ground that it did not submit the Arbitrator's award. The Authority also noted that the Agency's internal security exception was barred by § 2429.5 of the Authority's Regulations. The Authority explained that under § 2429.5 of its Regulations, it will not consider issues that could have been, but were not, presented in the proceedings before the arbitrator. On the merits, the Authority concluded that the award did not affect management's rights to assign employees and assign work under § 7106(a)(2) of the Statute.