Veterans Administration Medical Center, New York, NY (Activity) and American Federation of Government Employees, Local 2094 (Union)

 



[ v07 p788 ]
07:0788(134)AR
The decision of the Authority follows:


 7 FLRA No. 134
 
 VETERANS ADMINISTRATION
 MEDICAL CENTER, NEW YORK, N.Y.
 (ACTIVITY)
 
 and
 
 LOCAL NO. 2094, AMERICAN
 FEDERATION OF GOVERNMENT EMPLOYEES
 (UNION)
 
                                            Case No. O-AR-238
 
                        ORDER DISMISSING EXCEPTIONS
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR WILLIAM W. WAITE FILED BY THE UNION UNDER SECTION 7122(A) OF
 THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C.
 7122(A)). IN HIS AWARD, THE ARBITRATOR FOUND THAT THE ACTIVITY DID NOT
 VIOLATE THE PARTIES' AGREEMENT WHEN IT REMOVED THE GRIEVANT FROM THE
 FEDERAL SERVICE FOR BEING ABSENT WITHOUT LEAVE.  FOR THE REASONS THAT
 FOLLOW, THE AUTHORITY IS WITHOUT JURISDICTION TO REVIEW THE UNION'S
 EXCEPTIONS AND THE EXCEPTIONS THEREFORE 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,
 APPLIES TO SPECIFIED ADVERSE ACTIONS INCLUDING REMOVALS.  REVIEW OF AN
 ARBITRATION AWARD RELATING TO SUCH MATTERS MUST BE OBTAINED IN
 ACCORDANCE WITH 5 U.S.C. 7703, I.E., IN THE SAME MANNER AND UNDER THE
 SAME CONDITIONS AS IF THE MATTER INVOLVED HAD BEEN DECIDED BY THE MERIT
 SYSTEMS PROTECTION BOARD.  (5 U.S.C.  7703 PROVIDES FOR JUDICIAL REVIEW
 OF FINAL DECISIONS OF THE MSPB.)
 
    SINCE THE ARBITRATOR'S AWARD RELATES TO A MATTER COVERED BY 5 U.S.C.
 7512, I.E., THE REMOVAL OF THE GRIEVANT, UNDER SECTION 7122(A) OF THE
 STATUTE, EXCEPTIONS TO THE AWARD MAY NOT BE FILED WITH THE AUTHORITY.
 CONSEQUENTLY, THE AUTHORITY IS WITHOUT JURISDICTION TO REVIEW THE
 UNION'S EXCEPTIONS.  RATHER, THE GRIEVANT MAY SEEK JUDICIAL REVIEW OF
 THE ARBITRATOR'S AWARD PURSUANT TO 5 U.S.C. 7703.
 
    ACCORDINGLY, AND APART FROM OTHER CONSIDERATIONS, IT IS ORDERED THAT
 THE UNION'S EXCEPTIONS BE, AND THEY HEREBY ARE, DISMISSED.
 
    FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., JANUARY 29, 1982
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR