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National Border Patrol Council, American Federation of Government Employees, AFL-CIO, Local 1929 (Union) and U.S. Immigration and Naturalization Service, Department of Justice (Activity) 



[ v05 p579 ]
05:0579(75)AR
The decision of the Authority follows:


 5 FLRA No. 75
 
 NATIONAL BORDER PATROL COUNCIL,
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 1929
 (Union)
 
 and
 
 U.S. IMMIGRATION AND NATURALIZATION SERVICE,
 DEPARTMENT OF JUSTICE
 (Activity)
 
                                            Case No. 0-AR-201
 
                        ORDER DISMISSING EXCEPTIONS
 
    ON MARCH 5, 1981, THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 AFL-CIO (THE UNION) FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR C.W.
 "BILL" TYER WITH THE AUTHORITY PURSUANT TO SECTION 2425.1 OF THE
 AUTHORITY'S RULES AND REGULATIONS (5 C.F.R. 2425.1(1980)) AND SECTION
 7122(A) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5
 U.S.C. 7122(A)).  SUBSEQUENTLY, THE AGENCY FILED AN OPPOSITION TO THE
 UNION'S EXCEPTIONS.  FOR THE REASONS INDICATED BELOW, THE UNION'S
 EXCEPTIONS MUST BE DISMISSED.
 
    SECTION 7122(A) PROVIDES IN RELEVANT 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) ARE THOSE COVERED UNDER 5
 U.S.C. 4303 AND 7512.  SECTION 7512, THE SECTION APPLICABLE IN THE
 INSTANT CASE, COVERS SPECIFIC ADVERSE ACTIONS, INCLUDING SUSPENSIONS FOR
 MORE THAN 14 DAYS.  PURSUANT TO SECTION 7121(F), REVIEW OF AN
 ARBITRATION AWARD RELATING TO SUCH MATTERS MUST BY OBTAINED IN THE SAME
 MANNER AND UNDER THE SAME CONDITIONS AS JUDICIAL REVIEW OF A FINAL
 DECISION OF THE MERIT SYSTEMS PROTECTION BOARD PURSUANT TO 5 U.S.C.
 7703.
 
    ON THE BASIS OF THE UNION'S EXCEPTIONS, IT APPEARS THAT THE
 ARBITRATOR'S AWARD IN THIS CASE RELATES TO A MATTER COVERED BY 5 U.S.C.
 7512.  AS A MATTER COVERED BY 5 U.S.C. 7512, THE ARBITRATOR'S AWARD IS
 "AN AWARD RELATING TO A MATTER DESCRIBED IN SECTION 7121(F)" AND IS THUS
 NOT SUBJECT TO REVIEW BY THE AUTHORITY (5 U.S.C. 7122(A)).  FURTHER,
 SECTION 2425.3(B)(2)(1980)), EXPRESSLY PRECLUDES THE AUTHORITY FROM
 CONSIDERING AN EXCEPTION WITH RESPECT TO AN AWARD RELATING TO A MATTER
 COVERED UNDER 5 U.S.C. 7512.  CONSEQUENTLY, THE AUTHORITY HAS NO BASIS
 UPON WHICH TO REVIEW THE ARBITRATOR'S AWARD.
 
    ACCORDINGLY, AND APART FROM OTHER CONSIDERATIONS,
 
    IT IS HEREBY ORDERED THAT THE UNION'S EXCEPTIONS BE, AND THEY HEREBY
 ARE, DISMISSED.
 
    FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., MAY 4, 1981
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR