30:0646(78)AR - MMP, ILA, Panama Canal Branch and panama Canal Commission -- 1987 FLRAdec AR



[ v30 p646 ]
30:0646(78)AR
The decision of the Authority follows:


  30 FLRA NO. 78
  30 FLRA 646

 30 DEC 1987


INTERNATIONAL ORGANIZATION OF
MASTERS, MATES, AND PILOTS
ILA, AFL-CIO
PANAMA CANAL BRANCH

                    Union

       and

PANAMA CANAL COMMISSION

                    Agency

Case No. 0-AR-1406

ORDER DISMISSING EXCEPTION

     This matter is before the Authority on an exception to the
award of Arbitrator John M. Stochaj. The Arbitrator found that
the grievant's removal from service was not arbitrable under the
parties' collective bargaining agreement. The exception was filed
by the Union under section 7122(a) of the Federal Service Labor -
Management Relations Statute (the Statute) and part 2425 of the
Authority's Rules and Regulations. Because the Arbitrator's award
concerns a removal from service, we find that we are without
jurisdiction in the matter. Accordingly, we dismiss the Union's
exception.

     The Agency removed the grievant and informed him of his
right to contest the action under the negotiated grievance
procedure of the parties' agreement or the appeal procedures of
the Merit Systems Protection Board (MSPB). The grievant appealed
to the MSPB. The MSPB upheld the removal. The Union then grieved
and sought to arbitrate the matter. The Arbitrator ruled that the
grievance was not arbitrable under the parties' agreement because
the removal had been appealed to the MSPB. The Union then filed
the instant exception, urging the Authority to direct the parties
to select a different arbitrator for a determination on the
merits of the dispute. 

     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 adverse actions (such as removals) under 5 U.S.C. 7512.
Review of arbitration awards relating to such matters, like
review of decisions of the MSPB, may be sought by appeal to the
U.S. Court of Appeals for the Federal Circuit, in accordance with
5 U.S.C. 7703. Since the Arbitrator's award concerns a matter
covered by 5 U.S.C. 7512, that is, the removal of the grievant
from service, an exception to the award may not be filed with the
Authority under 7122(a) of the Statute. The Authority, therefore,
is without jurisdiction to review the Union's exception. U.S.
Department of Transportation, Federal Aviation Administration,
Eastern Region and Professional Airways Systems Specialists,
MEBA, AFL - CIO, 28 FLRA  345 (1987).

     Accordingly, the Union's exception is dismissed.

     Issued, Washington, D.C., December 30,  1987.

     Jerry