46:0607(58)AR - - VA Medical Center, Newington, CT and NAGE Local R1-109 - - 1992 FLRAdec AR - - v46 p607



[ v46 p607 ]
46:0607(58)AR
The decision of the Authority follows:


46 FLRA No. 58

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF VETERANS AFFAIRS

MEDICAL CENTER

NEWINGTON, CONNECTICUT

(Agency)

and

NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES

LOCAL R1-109

(Union)

0-AR-2352

ORDER DISMISSING EXCEPTIONS

November 20, 1992

The Union has filed exceptions to the award of Arbitrator James E. Cooper in the above-captioned case. The Agency has filed an opposition to the Union's exceptions. For the following reasons, the Union's exceptions must be dismissed.

Section 7122(a) of the Federal Service Labor-Management Relations Statute (the Statute) provides, in pertinent part:

Either party to arbitration under [the Statute] 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 Statute]).

The matters described in section 7121(f) of the Statute include adverse actions covered under 5 U.S.C.  7512, such as removals. Review of arbitration awards relating to such matters, like review of decisions of the Merits Systems Protection Board, may be sought by appeal to the U.S. Court of Appeals for the Federal Circuit in accordance with 5 U.S.C.  7703. The Authority is without jurisdiction to review such awards. See American Federation of Government Employees, Council 236 and General Services Administration, Region 9, 39 FLRA 896 (1991).

The Arbitrator's award of attorney fees relates to an earlier award on the removal of the grievant under 5 U.S.C.  7512. An award resolving a request for attorney fees supplementing an arbitrator's earlier award relating to a matter described in section 7121(f) is not separate and distinct from the earlier award. See Veterans Administration a