39:0184(12)AR - - DOD Dependents Schools, Pacific Region and Overseas Education Association - - 1991 FLRAdec AR - - v39 p184



[ v39 p184 ]
39:0184(12)AR
The decision of the Authority follows:


39 FLRA NO. 12

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF DEFENSE

DEPENDENTS SCHOOLS

PACIFIC REGION

(Agency)

and

OVERSEAS EDUCATION ASSOCIATION

(Union)

0-AR-1985

ORDER DISMISSING AGENCY EXCEPTION

January 30, 1991

Before Chairman McKee and Members Talkin and Armendariz.

I. Statement of the Case

This matter is before the Authority on an exception to the award of Arbitrator Thomas Angelo filed by the Agency under section 7122(a) of the Federal Service Labor-Management Relations Statute and part 2425 of the Authority's Rules and Regulations. The Union filed an opposition to the Agency's exception.

A grievance was filed over the discharge of the grievant, a nonpreference-eligible, excepted service employee, for unauthorized absence and failure to request leave in accordance with established procedures. The Arbitrator determined that the grievance was arbitrable and that the Agency did not have just cause to discharge the grievant.

For the following reasons, we conclude that the Authority is without jurisdiction to review the Agency's exception. Accordingly, we will dismiss the exception.

II. Background and Arbitrator's Award

The grievant, a nonpreference-eligible, excepted service employee, was discharged from her teaching position for unauthorized absence, failure to request leave in accordance with established procedures, and failure to notify her supervisor of her return to duty. A grievance was filed and was submitted to arbitration on the following stipulated issue:

Is the grievance arbitrable?

Was the Grievant . . . removed for just cause in accordance with the negotiated agreement and applicable law, rule and regulation? If not, what shall the remedy be?

Award at