Click here to view the decision.
57 FLRA No. 108
U.S. Dept. of Transportation, Federal Aviation Administration and National Association of Air Traffic Specialists (Maloney, Arbitrator), 0-AR-3398 (Decided November 2, 2001)
The Authority concluded that it lacked jurisdiction over this matter and dismiss the Agency's exceptions. The Authority explained that section 7122(a) of the Statute provides that a party may not file exceptions with the Authority to an arbitration award that relates to a matter described in § 7121(f). For employees, such as the grievant, who are in other personnel systems, § 7121(f) applies to matters similar to those covered under 5 U.S.C. § 4303 or § 7512. The Authority noted that it has held that an award relates to a matter described in § 7121(f) when it resolves, or is inextricably intertwined with, a § 4303 or § 7512 matter.
Therefore, these Agency arguments failed to establish that the supplemental award did not "relate to" the removal within the meaning of § 7122(a) of the Statute. The Authority found that on its face, the supplemental award provided a remedy for the grievant's removal and made no reference to any subsequent actions. Thus, the Authority concluded that it lacked jurisdiction.