17:0323(46)AR - SSA and Local 2006, AFGE -- 1985 FLRAdec AR
[ v17 p323 ]
The decision of the Authority follows:
17 FLRA No. 46 SOCIAL SECURITY ADMINISTRATION Activity and LOCAL 2006, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO Union Case No. O-AR-928 ORDER DISMISSING EXCEPTIONS This case is before the Authority on exceptions to the award of Arbitrator Gladys Gershenfeld filed by the Union pursuant to section 7122(a) of the Federal Service Labor-Management Relations Statute (5 U.S.C. 7122(a)). For the reasons that follow, the Authority is without jurisdiction to review the 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.