49:1520(138)AR - - AFGE, Local 171 and Justice, Federal Bureau of Prisons, Federal Correctional Institution, El Reno, OK - - 1994 FLRAdec AR - - v49 p1520
[ v49 p1520 ]
The decision of the Authority follows:
49 FLRA No. 138
FEDERAL LABOR RELATIONS AUTHORITY
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
U.S. DEPARTMENT OF JUSTICE
FEDERAL BUREAU OF PRISONS
FEDERAL CORRECTIONAL INSTITUTION
EL RENO, OKLAHOMA
ORDER DISMISSING EXCEPTIONS
July 8, 1994
The Union has filed exceptions to the award of Arbitrator Richard J. Craig in the above-captioned case. On May 23, 1994, the Authority issued an Order directing the Union to show cause why its exceptions should not be dismissed as the Authority is without jurisdiction to review exceptions to an award relating to the removal of the grievant from a position in the Federal Service. The Union filed a timely response to the Authority's Order. 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 serious adverse actions, such as removals, or suspensions for more than 14 days. See, for example, American Federation of Government Employees, Local 2094 and U.S. Department of Veterans Affairs, Manhattan Medical Center, 44 FLRA 1192 (1992). Review of arbitration awards relating to such matters, like review of decisions of the Merits Systems Protection Board, may