15:0560(118)AR - AFGE Local 2 and Harry Diamond Laboratories, Army -- 1984 FLRAdec AR



[ v15 p560 ]
15:0560(118)AR
The decision of the Authority follows:


 15 FLRA No. 118
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 2
 Union
 
 and
 
 HARRY DIAMOND LABORATORIES,
 U.S. DEPARTMENT OF THE ARMY
 Activity
 
                                            Case No. O-AR-820
 
                        ORDER DISMISSING EXCEPTIONS
 
    This case is before the Authority on exceptions to the award of
 Arbitrator Joseph M. Stone filed by the Union pursuant to 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 stated below, the Authority is without jurisdiction to review
 the Union's exceptions and they must be dismissed on that basis.
 
    The dispute in this matter arose when the grievant was suspended for
 thirty days and then removed from her position.  Grievances arising from
 both disciplinary actions proceeded independently to arbitration.  In
 regard to the removal action, the Arbitrator found that based on the
 grievant's extensive absenteeism, the Activity's action was justified.
 As his award, recognizing that the arbitration regarding the thirty day
 suspension was pending, the Arbitrator essentially held that should the
 suspension grievance be denied, the removal grievance would also be
 denied;  should the suspension grievance be sustained, the removal
 grievance would also be sustained.  The Union 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 than an award relating to a matter
       described in section 7121(f) of this title).
 
    The matters described in section 7121(f) of the Statute include those
 covered under 5 U.S.C. 7512 which applies to specified adverse actions,
 including suspensions for more than fourteen days and removals.
 Pursuant to section 7121(f), 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 judicial review of a
 final decision of the Merit Systems Protection Board.
 
    Since the Arbitrator's award in this case involves a matter covered
 by 5 U.S.C. 7512, under section 7122(a) of the Statute, the Authority is
 without jurisdiction to review the Union's exceptions.  Rather, judicial
 review of the Arbitrator's award may be sought pursuant to 5 U.S.C.
 7703.
 
    Accordingly, and apart from other considerations, the Union's
 exceptions are hereby dismissed.
 
    For the Authority.
 
    Issued, Washington