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 ACT