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56 FLRA No. 13
Professional Airways Systems Specialists and U.S. Dept. of Transportation Federal Aviation Administration Northwest Mountain Region Auburn, Washington (Peterson, Arbitrator), 0-AR-3237 (Decided February 29, 2000)
The Arbitrator determined that the Agency's memorandum on mandatory lunch periods did not constitute a change in past practice and denied the grievance. The Authority concluded that the Union failed to establish that the award was deficient.
The Authority rejected the allegations that the award failed to draw its essence from the agreement, or that it was based on a ··___··nonfact. With regards to the allegation that the award was contrary to law, the Authority noted that the Union's allegations were misplaced. The Authority concluded that the Arbitrator interpreted the parties' collective bargaining agreement, and not the Statute, in finding that the number of instances of deviation from the agreement were insufficient to establish a past practice. As the rejection of the past practice was based on the Arbitrator's interpretation and application of the agreement, the exception provided no basis for finding the award contrary to law.