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

 



[ v08 p156 ]
08:0156(32)CU
The decision of the Authority follows:


                        [Not Certified True Copy]
 8 FLRA No. 32
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 2094
 (Union)
 
 and
 
 VETERANS ADMINISTRATION
 MEDICAL CENTER
 (Activity)
 
                                            Case No. 0-AR-254
 
                        ORDER DISMISSING EXCEPTIONS
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR JANET MALESON SPENCER FILED BY THE UNION UNDER SECTION
 7122(A) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5
 U.S.C. 7122(A)).  FOR THE REASON SET FORTH BELOW, THE AUTHORITY IS
 WITHOUT JURISDICTION TO REVIEW AND THE UNION'S EXCEPTIONS MUST THEREFORE
 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 REMOVALS.  REVIEW OF AN
 ARBITRATION AWARD INVOLVING AN ADVERSE ACTION UNDER 5 U.S.C. 7512 MUST
 BE OBTAINED IN THE SAME MANNER AND UNDER THE SAME CONDITIONS AS REVIEW
 OF A FINAL DECISION OF THE MERIT SYSTEMS PROTECTION BOARD PURSUANT TO 5
 U.S.C. 7703. (5 U.S.C. 7703 PROVIDES FOR JUDICIAL REVIEW OF MSPB
 DECISIONS.)
 
    BECAUSE THE INSTANT ARBITRATION AWARD INVOLVES AN ADVERSE ACTION
 COVERED BY 5 U.S.C. 7512, I.E., A REMOVAL ACTION, THE AWARD IS NOT
 SUBJECT TO AUTHORITY REVIEW UNDER 5 U.S.C. 7122(A).  RATHER, REVIEW OF
 THE AWARD MUST BE SOUGHT PURSUANT TO 5 U.S.C. 7703.  THE AUTHORITY
 THEREFORE DOES NOT HAVE JURISDICTION TO REVIEW THE ARBITRATION AWARD
 HERE INVOLVED. (SEE, E.G., ARMY AND AIR FORCE EXCHANGE SERVICE, FORT
 HOOD EXCHANGE AND AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO,
 LOCAL 1920, 7 FLRA NO. 57 (DECEMBER 18, 1981), AND CASE CITED THEREIN.)
 
    ACCORDINGLY, IT IS ORDERED THAT THE UNION'S EXCEPTIONS IN THIS CASE
 BE, AND THEY HEREBY ARE, DISMISSED.  FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., FEBRUARY 19, 1982
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR