46:1145(104)AR - - Overseas Education Association and DOD Dependents Schools - - 1993 FLRAdec AR - - v46 p1145



[ v46 p1145 ]
46:1145(104)AR
The decision of the Authority follows:


46 FLRA No. 104

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

OVERSEAS EDUCATION ASSOCIATION

(Union)

and

U.S. DEPARTMENT OF DEFENSE

DEPENDENTS SCHOOLS

(Agency)

0-AR-2388

ORDER DISMISSING EXCEPTIONS

January 8, 1993

The Union has filed an exception to the award of Arbitrator Eric Lawson, Jr. in the above-captioned case. For the following reasons, the Union's exception 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 denying 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 and American Federation of Government Employees, Local 2610, 33 FLRA 347 (1988). The award resolving a request for attor