25:0364(25)AR AFGE, LOCAL 987 VS AIR FORCE, WARNER ROBINS AIR LO -- 1987 FLRAdec AR
[ v25 p364 ]
The decision of the Authority follows:
25 FLRA NO. 25
WARNER ROBINS AIR LOGISTICS CENTER ROBINS AIR FORCE BASE, GEORGIA Activity and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 987 Union Case No. 0-AR-1251
I. STATEMENT OF THE CASE
This matter is before the Authority on exceptions to the award of Arbitrator Walter G. Seinsheimer 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. ARBITRATOR'S AWARD
In his award the Arbitrator found that the removal of the grievant, an individual in the competitive service not serving a probationary period, was for just cause. The Arbitrator denied the grievance.
III. ANALYSIS AND CONCLUSIONS
We find that we are without jurisdiction to review the Union's exceptions. Section 7122(a) of the Statute 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 the this title). [ v25 p364 ]
As relevant to this case, the matters described in section 7121(f) of the Statute include adverse actions under 5 U.S.C. 7512, such as removal actions. Review of an arbitration award relating to such matters must be obtained in the same manner and under the same conditions as if tile matter involved had been decided by the Merit Systems Protection Board. American Federation of Government Employees, Local 1857 and Sacramento Air Logistics Center, McClellan Air Force Base, 21 FLRA No. 41 (1986).
Because the Arbitrator's award relates to a matter covered by section 7512, under section 7122(a) of the Statute, exceptions to the award may not be filed with the Authority. Consequently, we are without jurisdiction to review the exceptions.
Accordingly, the Union's exceptions are dismissed.
Issued, Washington, D.C. January 29, 1987.
Jerry L. Calhoun, Chairman
Henry B. Frazier III, Member
Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY [ v25 p365 ]