U.S. Immigration and Naturalization Service (Agency) and American Federation of Government Employees, National Immigration and Naturalization Service Council (Union) 



[ v06 p39 ]
06:0039(12)AR
The decision of the Authority follows:


 6 FLRA No. 12
 
 U.S. IMMIGRATION AND
 NATURALIZATION SERVICE
 Agency
 
 and
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES,
 NATIONAL IMMIGRATION AND
 NATURALIZATION SERVICE
 COUNCIL
 Union
 
                                            Case No. O-AR-165
 
                        ORDER DISMISSING EXCEPTION
 
    THIS MATTER IS BEFORE THE AUTHORITY ON AN EXCEPTION TO THE AWARD OF
 ARBITRATOR BARNETT M. GOODSTEIN FILED BY THE AGENCY UNDER SECTION
 7122(A) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5
 U.S.C. 7122(A)).  FOR THE REASONS THAT FOLLOW, THE AUTHORITY IS WITHOUT
 JURISDICTION TO REVIEW THE AGENCY'S EXCEPTION AND ACCORDINGLY IT MUST BE
 DISMISSED.
 
    SECTION 7122(A) OF THE STATUTE PROVIDES IN PERTINENT 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).
 
    AS RELEVANT TO THIS CASE, THE MATTERS DESCRIBED IN SECTION 7121(F) OF
 THE STATUTE INCLUDE THOSE COVERED UNDER 5 U.S.C. 7512 WHICH, IN TURN,
 SETS FORTH SPECIFIED ADVERSE ACTIONS INCLUDING SUSPENSIONS FOR MORE THAN
 14 DAYS.  PURSUANT TO SECTION 7121(F), REVIEW OF AN ARBITRATION AWARD
 RELATING TO SUCH