LR Corner
Tuesday, June 21, 2011

NATCA Files ULP Charge after Agency Refuses to Comply with Arbitrator’s Award of Make-Whole Relief

On June 10, 2011, NATCA filed a ULP charge with the FLRA alleging that the agency has refused to comply with the arbitrator’s award in a discipline case. In December 2010, the arbitrator ruled that the agency had unlawfully disciplined the grievant and overturned the 25-day suspension. The agency waited months to respond to NATCA’s request for an accounting of the grievant’s make-whole relief, which included the lost pay from the suspension, but also loss of overtime, shift differentials and CIP pay during the period of several months when the grievant was placed on administrative leave and not allowed to work as a controller. After the agency finally responded, it agreed to pay only the back pay for the actual days of the suspension. The union demanded back pay for all of the grievant’s lost pay, as well as interest, lost overtime, differentials and CIP pay. The agency refused. The union’s position is that make-whole relief includes all the grievant lost as a result of the unlawful discipline, and therefore, the agency has failed to comply with the arbitration award in violation of the statute. 

NATCA Succeeds in Getting Seven-Day Suspension Rescinded

The grievant is a computer specialist at the FAA's Western Regional Office. He was given a seven-calendar-day suspension for two reasons. The first reason involved an allegation of negligence in performance of duties. The second reason was a charge of lack of candor. The allegations were made in conjunction with a hacking attack that occurred in February 2009. The grievant was basically accused of not taking the steps necessary to deal with the hacking and that he was not truthful regarding his training as relates to cyber attacks. The employee vehemently denied that there was any negligence on his part or that he did not tell the truth regarding his training. After similar charges were thrown out by an arbitrator in a companion case, the FAA agreed to rescind the suspension and make the employee whole in this case.