22:0597(65)AR - DOD Dependents School, Pacific Region and Overseas Education Association -- 1986 FLRAdec AR

 22 FLRA No. 65
 
 DEPARTMENT OF DEFENSE 
 DEPENDENTS SCHOOLS (DoDDS), 
 PACIFIC REGION
 Activity
 
 and
 
 OVERSEAS EDUCATION 
 ASSOCIATION (OEA)
 Union
 
                                            Case No. 0-AR-985
 
                        ORDER DISMISSING EXCEPTIONS
 
                         I.  STATEMENT OF THE CASE
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Herbert Oestreich filed by the Union under section 7122(a) of
 the Federal Service Labor-Management Relations Statute and part 2425 of
 the Authority's Rules and Regulations.  Because the exceptions presented
 an issue of the Authority's jurisdiction, the Authority requested and
 received from the parties statements of position on this issue.
 
                  II.  BACKGROUND AND ARBITRATOR'S AWARD
 
    The grievance in this case concerned the removal of the grievant, a
 teacher in the Department of Defense Overseas Dependents Schools System,
 who apparently is not a preference eligible.  As his award the
 Arbitrator denied the grievance finding that management had proved by a
 preponderance of the evidence that the grievant's removal was for just
 cause.
 
                      III.  ANALYSIS AND CONCLUSIONS
 
    The Authority has determined that it is without jurisdiction to
 review the Union's exceptions.  Section 7122(a) of the Statute
 pertinently provides:
 
          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 /1/ include matters similar to those covered under 5 U.S.C.
 Section 7512, such as removal actions, which arise under other personnel
 systems.  In this case, for the reasons which follow, the Authority
 concludes that the award relates to a matter that is similar to those
 covered under section 7512 and that the matter has arisen under another
 personnel system within the meaning of section 7121(f).
 
    The legislative history of the Statute provides one specific example
 of "(an)other personnel syste(m)." The report of the Senate Governmental
 Affairs Committee preceding the enactment of the Statute in explaining
 the identical reference in section 7121(e) of the Statute /2/ used as an
 example the personnel system established by 38 U.S.C. Sections 4101-4119
 for Department of Medicine and Surgery (DM&S) professional employees of
 the Veterans Administration.  S. Rep. No. 95-969, 95th Cong., 2d Sess.
 110 (1978).  In VA Medical Center, Northport, New York v. FLRA, 732 F.2d
 1128 (2d Cir. 1984), the court noted some of the features of this
 personnel system which distinguishes it from the general Federal civil
 service.  Specifically, the court noted that qualifications for DM&S
 professionals are determined "without regard to civil service
 regulations," 38 U.S.C. Section 4106(a);  DM&S professionals have a
 different probationary period than other civil service employees, 38
 U.S.C. Section 4106(b);  their hours, conditions of employment, and
 leaves of absence are determ