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60 FLRA No. 116
U. S. Dept. of Transportation Federal Aviation Administration and National Air Traffic Controllers Association, AFL-CIO (Ross, Arbitrator) 0-AR-3856 (Decided January 14, 2005)
The Arbitrator found that the Agency violated Article 93 of the parties' collective bargaining agreement and ordered the Agency to amend all rehabilitation agreements signed after a certain date covering employees who referred themselves for drug or alcohol abuse treatment. The Authority set aside the award.
The Authority found that given the Arbitrator's clear and unambiguous formulation of the issues before him, the issues of whether rehabilitation and treatment agreements violated Article 93 by extending those agreements for more than one year and providing that self-referred employees would be denied another opportunity for rehabilitation were not before the Arbitrator for resolution. Therefore, the Authority found that the Arbitrator exceeded his authority by deciding and ordering a remedy concerning issues that were not submitted to arbitration.