Navy Exchange, Naval Amphibious Base (Activity) and AFGE Local 1625 (AFL-CIO) (Union)



[ v04 p346 ]
04:0346(43)AR
The decision of the Authority follows:


 4 FLRA No. 43
 
 NAVY EXCHANGE, NAVAL
 AMPHIBIOUS BASE
 Activity
 
 and
 
 AFGE LOCAL 1625
 (AFL-CIO)
 Union
 
                                            Case No. O-AR-111
 
                        ORDER DISMISSING EXCEPTION
 
    ON JUNE 16, 1980, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES FILED
 AN EXCEPTION TO THE AWARD OF ARBITRATOR JOHN G. GREGG WITH THE AUTHORITY
 PURSUANT TO SECTION 2425.1 OF THE AUTHORITY'S RULES AND REGULATIONS (5
 CFR 2425.1) AND SECTION 7122(A) OF THE FEDERAL SERVICE LABOR-MANAGEMENT
 RELATIONS STATUTE (5 U.S.C. 7122(A)).  FOR THE REASONS INDICATED BELOW,
 THE UNION'S EXCEPTION MUST BE DISMISSED.
 
    SECTION 7122(A) PROVIDES IN RELEVANT PART:
 
    EITHER PARTY TO ARBITRATION UNDER THIS CHAPTER MAY FILE WITH THE
 AUTHORITY AN EXCEPTION TO
 
    ANY ARBITRATOR'S AWARD PURSUANT TO THE ARBITRATION (OTHER THAN AN
 AWARD RELATING TO A MATTER
 
    DESCRIBED IN SECTION 7121(F) OF THIS TITLE).
 
    THE MATTERS DESCRIBED IN SECTION 7121(F) ARE THOSE COVERED UNDER 5
 U.S.C. 4303 AND 5 U.S.C. 7512.  5 U.S.C. 4303 COVERS ACTIONS BASED ON
 UNACCEPTABLE PERFORMANCE AND 5 U.S.C. 7512 COVERS SPECIFIC ADVERSE
 ACTIONS.  PURSUANT TO SECTION 7121(F), REVIEW OF AN ARBITRATION AWARD
 RELATING TO SUCH MATTERS MAY BE OBTAINED IN ACCORDANCE WITH 5 U.S.C.
 7703 WHICH PROVIDES FOR JUDICIAL REVIEW OF FINAL DECISIONS OF THE MERIT
 SYSTEMS PROTECTION BOARD.
 
    ON THE BASIS OF THE UNION'S EXCEPTION, IT APPEARS THAT THE
 ARBITRATOR'S AWARD IN THIS CASE RELATES TO A MATTER COVERED BY 5 U.S.C.
 7512 AND THEREFORE IS AN AWARD AS TO WHICH AN EXCEPTION MAY NOT BE FILED
 WITH THE AUTHORITY.  AS A MATTER COVERED BY 5 U.S.C.  7512, THE
 ARBITRATOR'S AWARD IS "AN AWARD RELATING TO A MATTER DESCRIBED IN
 SECTION 7121(F)" AND UNDER SECTION 7122(A) IS THUS NOT SUBJECT TO REVIEW
 BY THE AUTHORITY.  UNDER SECTION 2425.3(B)(2) OF THE AUTHORITY'S RULES
 AND REGULATIONS (5 CFR 2425.3(B)(2)), THE AUTHORITY IS EXPRESSLY
 PRECLUDED FROM CONSIDERING AN EXCEPTION WITH RESPECT TO AN AWARD
 RELATING TO A MATTER COVERED UNDER 5 U.S.C.  7512.  CONSEQUENTLY, THE
 AUTHORITY HAS NO BASIS ON WHICH TO REVIEW THE ARBITRATOR'S AWARD.
 
    ACCORDINGLY, AND APART FROM OTHER CONSIDERATIONS, THE UNION'S
 EXCEPTION IS HEREBY DISMISSED.
 
    FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., SEPTEMBER 29, 1980
 
               HAROLD D. KESSLER, ACTING EXECUTIVE DIRECTOR
 
                          CERTIFICATE OF SERVICE
 
    COPIES OF THE AUTHORITY'S ORDER DATED SEPTEMBER 29, 1980, IN THE
 INSTANT CASE, WERE SENT TO THE FOLLOWING:
 
    MR. RONALD D. KING, DIRECTOR
 
    CONTRACT AND APPEALS DIVISION
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, AFL-CIO
 
    1325 MASSACHUSETTS AVENUE, NW.
 
    WASHINGTON, D.C.  20005
 
    MR.