23:0802(102)AR - Justice, Bureau of Prisons and AFGE Local 1741 -- 1986 FLRAdec AR
[ v23 p802 ]
The decision of the Authority follows:
23 FLRA No. 102 DEPARTMENT OF JUSTICE BUREAU OF PRISONS Agency and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1741 Union Case No. 0-AR-1236 ORDER DISMISSING EXCEPTIONS I. STATEMENT OF THE CASE This matter is before the Authority on exceptions to the award of Arbitrator Barry C. Brown 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. II. BACKGROUND AND ARBITRATOR'S AWARD The matter submitted to arbitration concerned the grievant's removal from the Federal Service. Before addressing the merits of the grievance, the Arbitrator determined that the Union had failed to comply with the procedural requirements of the parties' collective bargaining agreement for invoking arbitration and that these procedural defects were highly prejudicial to the Agency's rights. Accordingly, he concluded that the grievance was not arbitrable and that it must be dismissed. The Union's exceptions in this case are to the Arbitrator's determination that the grievance was not arbitrable. II. ANALYSIS AND CONCLUSIONS We conclude that we are without jurisdiction to review the Union's exceptions. Section 7122(a) provides, in part: Either part 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 adverse actions under 5 U.S.C. Section 7512, such as a removal. Review of an arbitration award relating to such matters must be obtained in the same manner and under the same conditions as if the matter involved had been decided by the Merit Systems Protection Board. Veterans Administration Medical Center, Kansas City, Missouri and American Federation of Government Employees, 23 FLRA No. 40 (1986). In that regard, determinations of procedural arbitrability by arbitrators in grievances concernsing adverse actions under 5 U.S.C. Section 7512 may be reviewed by the U.S. Circuit Court of Appeals for the Federal Circuit. See Huey v. Department of Health and Human Services, 782 F.2d 1575 (Fed. Cir. 1986). Because the Arbitrator's award in this case relates to the matter of the grievant's removal, exceptions to the award may not be filed with the Authority under section 7122(a) of the Statute.