Army and Air Force Exchange Service, Fort Hood Exchange (Activity) and American Federation of Government Employees, Local 1920, AFL-CIO (Union)

 



[ v07 p396 ]
07:0396(57)AR
The decision of the Authority follows:


 7 FLRA No. 57
 
 ARMY AND AIR FORCE EXCHANGE
 SERVICE, FORT HOOD EXCHANGE
 (Activity)
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 1920
 (Union)
 
                                            Case no.0-AR-300
 
                        ORDER DISMISSING EXCEPTIONS
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE ARBITRATION
 AWARD OF ARBITRATOR DAVID H. BROWN 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) 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 ARBITRATOR'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., DECEMBER 18, 1981
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR