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53:0513(55)AR - - National Air Traffic Controllers Association and DOT, FAA - - 1997 FLRAdec AR - - v53 p513



[ v53 p513 ]
53:0513(55)AR
The decision of the Authority follows:


53 FLRA No. 55

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

NATIONAL AIR TRAFFIC CONTROLLERS ASSOCIATION

(Union)

and

U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

(Agency)

0-AR-2806

_____

DECISION

September 30, 1997

_____

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

This matter is before the Authority on exceptions to an award of Arbitrator Donald Daughton 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.

Under section 7122(a) of the Statute, an award is deficient if it is contrary to any law, rule, or regulation; or 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, the Authority concludes that the award is not deficient on any of the grounds set forth in section 7122(a).

Accordingly, the Union's exceptions are denied.(*)




FOOTNOTES:
(If blank, the decision does not have footnotes.)
 

*/ In denying the Union's exceptions, we reject the Union's claim that the Arbitrator failed to address or resolve its allegation of disparate treatment.