15:0243(45)AR - Patent and Trademark Office and Patent Office Professional Association -- 1984 FLRAdec AR



[ v15 p243 ]
15:0243(45)AR
The decision of the Authority follows:


 15 FLRA No. 45
 
 U.S. PATENT AND TRADEMARK OFFICE
 Activity
 
 and
 
 PATENT OFFICE PROFESSIONAL ASSOCIATION
 Union
 
                                            Case No. O-AR-780
 
                        ORDER DISMISSING EXCEPTIONS
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Joseph A. Sickles filed by the Activity under section 7122(a)
 of the Federal Service Labor-Management Relations Statute and section
 2425.1 of the Authority's Rules and Regulations.  For the reasons set
 forth below, the Authority is without jurisdiction to review the
 Activity's exceptions and they must be dismissed on that basis.
 
    The dispute in this matter arose when the grievant received a notice
 of proposed removal for unsatisfactory performance pursuant to 5 U.S.C.
 4303.  The Arbitrator found that the proposed removal was not a final
 agency action and therefore not properly grievable;  moreover, based on
 the Activity's subsequent actions, that the grievance was moot.  The
 Activity then filed the instant exceptions with the Authority.
 
    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 tha