National Association of Government Employees (Union) and United States Department of the Air Force, Langley Air Force Base, Virginia (Activity)

 



[ v07 p270 ]
07:0270(39)AR
The decision of the Authority follows:


 7 FLRA No. 39
 
 NATIONAL ASSOCIATION OF
 GOVERNMENT EMPLOYEES
 (Union)
 
 and
 
 UNITED STATES DEPARTMENT
 OF THE AIR FORCE, LANGLEY
 AIR FORCE BASE, VIRGINIA
 (Activity)
 
                                            Case No. O-AR-312
 
                        ORDER DISMISSING EXCEPTIONS
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE ARBITRATION
 AWARD OF AN AD HOC PANEL FILED BY THE UNION UNDER SECTION 7122(A) OF THE
 FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C. 7101 ET
 SEQ.).  FOR THE REASONS STATED BELOW, THE AUTHORITY IS WITHOUT
 JURISDICTION TO REVIEW THE SUBJECT EXCEPTIONS AND THEY ACCORDINGLY MUST
 BE DISMISSED.
 
    SECTION 7122(A) OF THE STATUTE 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 7512.  SECTION 7512, THE SECTION APPLICABLE IN THE
 INSTANT CASE, COVERS SPECIFIC ADVERSE ACTIONS, INCLUDING REMOVALS.
 REVIEW OF AN ARBITRATION AWARD RELATING TO MATTERS LISTED UNDER SECTION
 7512 MUST BE OBTAINED IN THE SAME MANNER AND UNDER THE SAME CONDITIONS
 AS JUDICIAL REVIEW OF A FINAL DECISION OF THE MERIT SYSTEMS PROTECTION
 BOARD PURSUANT TO 5 U.S.C. 7703.
 
    BECAUSE THE SUBJECT EXCEPTIONS PERTAIN TO THE AD HOC PANEL'S REFUSAL
 TO OVERTURN THE GRIEVANT'S REMOVAL, THE AWARD RELATES TO A MATTER
 COVERED BY 5 U.S.C. 7512 AND THEREFORE IS AN AWARD TO WHICH EXCEPTIONS
 MAY NOT BE FILED WITH THE AUTHORITY UNDER SECTION 7122(A) OF THE STATUTE
 AND SECTION 2425.3(B)(2) OF THE AUTHORITY'S RULES AND REGULATIONS (5
 C.F.R.  2425.3(B)(2)(1981)).  RATHER, THE GRIEVANT MUST SEEK JUDICIAL
 REVIEW PURSUANT TO 5 U.S.C 7703.  CONSEQUENTLY, THE AUTHORITY HAS NO
 BASIS ON WHICH TO REVIEW THE ARBITRATION AWARD.  SEE DEPARTMENT OF THE
 ARMY, U.S. ARMY TRAINING ENGINEER AND FORT LEONARD WOOD AND NATIONAL
 ASSOCIATION OF GOVERNMENT EMPLOYEES, LOCAL R14-32, 6 FLRA NO. 4(JUNE 2,
 1981).
 
    ACCORDINGLY, AND APART FROM OTHER CONSIDERATIONS, IT IS HEREBY
 ORDERED THAT THE UNION'S EXCEPTIONS HEREIN BE, AND THEY HEREBY ARE,
 DISMISSED.
 
    FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., NOVEMBER 25, 1981
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR