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59 FLRA No. 139
U. S. Dept. of Transportation Federal Aviation Administration and National Air Traffic Controllers Association, AFL-CIO (Long, Arbitrator) 0-AR-37 00 (Decided March 25, 2004)
The Arbitrator found that the grievant's one-day suspension was for just cause. He also found that the grievant's decertification as an Air Traffic Controller-in-Charge was unwarranted and ordered that the grievant be made whole for that period. The Authority set aside the portion of the award finding that the grievant was improperly decertified and ordering that the grievant be made whole for the period of his decertification.
The Authority stated that based on the Arbitrator's unambiguous framing of the issue, the decertification was not before the Arbitrator for resolution. Therefore, the Authority concluded that the Arbitrator exceeded his authority by deciding and awarding a remedy concerning an issue that was not submitted to arbitration. Accordingly, the portion of the award finding that the grievant was improperly decertified and ordering that the grievant be made whole for the period of his decertification was set aside.