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58 FLRA No. 8
U. S. Dept. of Transportation, FAA, Washington, D.C. and Professional Airways Systems Specialists (Butler, Arbitrator), 0-AR-3457 (Decided September 6, 2002)
The Authority rejected the Agency's argument that the award was contrary to 49 U.S.C. §106(l). The Authority noted that nothing in the language of that provision prohibited the Agency from granting the appropriate employees the special rate. Instead, it merely authorized the Agency to set the compensation levels of its employees.
The Authority also found that the Agency also failed to demonstrate that the award was contrary to 49 U.S.C. § 40122(e). According to the Authority that provision, does not prohibit the Agency from granting its employees government-wide pay raises after July 1, 1999. It merely assures that the basic wages of the Agency's employees will not be adversely affected by the enactment of 49 U.S.C. § 40122. Additionally, the Authority found that the award was not contrary to Agency regulations, and that it was not based on a nonfact.