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57 FLRA No. 74
Professional Airways Systems Specialists and U. S. Dept. of Transportation, Federal Aviation Administration, Fort Worth, Texas (Zane, Arbitrator), 0-AR-3361 (Decided July 23, 2001)
The Arbitrator found that the grievance concerned retirement and was thus excluded from the grievance process by § 7121(c)(2) of the Statute. The Authority found that the Arbitrator's award was deficient and remanded the case to the parties for resubmission to the Arbitrator.
The Authority concluded that while the purpose of the grievant's request for clarification of his SCD may have been motivated by his anticipated retirement, the underlying dispute was limited to resolving whether the grievant should have been designated as a part-time, rather than an intermittent, employee. Therefore, the grievance did not constitute a matter that concerned retirement under § 7121(c)(2).