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B-180010.02 1 (1977-03-22)

handle is hein.gao/gaobadeea0001 and id is 1 raw text is: Johnnie Lupton '.% Civ.Peru. THE COMPTROLLER IUNMRAL DECIUION * . OP THE UNITED uTATEm WA HiINGTON, C.C. *fl548 U FILE: 5-180010.02 DATE: arwh 22, 1977 MATTER OF: Des Moines flight Service Station, FAA - Arbitration Award of Parking Accomodations DIGEST: Department of Transportation questiona whether.ic may legally implement an arbitration award in favor of National Association of Air Traffic Specialists, Des Moines, Iowa, Flight Service Station, requiring-Federal Aviation Administration to provide.parking for employees at Dea Moines airport. .Because the factual situation and legal issues in this case are similar to those in 55 Comp. Gen. 1197, that cse is controlling. Hence there is no legal impedisent to empenditure of funds to implement this award. This action involves a Nay 3, 1976, letter request for an advanca decision from Mr. William S. Beffalfinger, Assistant Secre- tary for Administration, Department of Transportatfn,_as to the legalIty of imlementing an arbitration award that r&quires the rederal Aviation Adinistration (FAA) to eipend appropriated fun-d for employee parking. Iiiitally, the Departent noted an exception to tife award and, underithe provisions of section 13(b) of Executive Order No. 11491, so amended, petitioned the Federal Labor Relations Council'for review on the basis that the arbitrator had exceeded his authority and faihioned a remedy that would require the improper expenditure of appropriates funds. In support Yf the petition, the Department alleged that the award did not s24t the criteria set forth in two Compiroller General decisions (43.Comp. Gen. 131 and 49 id. 476) and In General Services Administration (GSA) Order 7030.2C. The Council on MArch 29, 1974, deciined to accept the petitions for review on the' round that the applicability of the GSA order and the two Comptroller General decisions had not been demonstrated in the petition. The Department failed to implement the award because the parking provision had been dropped from the agreement on renegotiation. On September 30, 1974, the National Association of Air Traffic Specialists, Des Moines, Iowa, Plight Service Station, filed an unfair labor practice complaint against the agency based on its failure to implement the award. The Assistant Secretary of Labor for Labor Management Relations ruled on May 30, 1975, that the

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