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58 FLRA No. 88
U. S. Dept. of Transportation, FAA Southwest Region, Fort Worth, Texas and National Air Traffic Controllers Association (Helburn, Arbitrator) 0-AR-3740 (Decided December 19, 2003)
Consistent with § 2429.5 of the Authority's Regulations, the Authority will not consider issues that could have been, but were not, presented to the arbitrator. In this case, the Authority did not consider the Agency's first and third exceptions. The Authority noted that because these issues could have been, but were not, raised in arbitration, they were not properly before the Authority.
The Authority also rejected the Agency's second exception claiming that the award was contrary to law. The Authority found that the Arbitrator did not require the Agency to afford official time to grievants for performing Union representational activities on nonduty time that they would not otherwise have performed on duty time. The Authority did find, however, that the Arbitrator erred in ordering that the grievants be granted official time, instead of straight-time compensation, for each hour of wrongfully denied official time. Thus, the remedy was modified to provide for straight-time compensation.