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The Bronx Veterans Administration Medical Center (Activity) and Local 1168, American Federation of Government Employees, AFL-CIO (Union) 



[ v08 p154 ]
08:0154(31)AR
The decision of the Authority follows:


 8 FLRA No. 31
 
 THE BRONX VETERANS
 ADMINISTRATION MEDICAL CENTER
 (Activity)
 
 and
 
 LOCAL 1168, AMERICAN FEDERATION
 OF GOVERNMENT EMPLOYEES, AFL-CIO
 (Union)
 
                                            Case No. 0-AR-247
 
                        ORDER DISMISSING EXCEPTION
 
    THIS MATTER IS BEFORE THE AUTHORITY ON AN EXCEPTION TO THE AWARD OF
 ARBITRATOR BRUNO STEIN FILED BY THE UNION PURSUANT TO SECTION 7122(A) OF
 THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C.
 7122(A)).  FOR THE REASON SET FORTH BELOW, THE UNION'S EXCEPTION MUST BE
 DISMISSED.
 
    SECTION 7122(A) OF THE STATUTE 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. 4303AND 7512. SECTION 7512, THE SECTION APPLICABLE IN THE INSTANT
 CASE, COVERS SPECIFIC ADVERSE ACTIONS, INCLUDING REMOVALS.  PURSUANT TO
 SECTION 7121(F), REVIEW OF AN ARBITRATION AWARD RELATING TO SUCH MATTERS
 MUST BE OBTAINED IN THE SAME MANNER AND UNDER THE SAME CONDITIONS AS
 REVIEW OF A FINAL DECISION OF THE MERIT SYSTEMS PROTECTION BOARD
 PURSUANT TO 5 U.S.C. 7703.  (5 U.S.C.  7703 PROVIDES FOR JUDICIAL REVIEW
 OF MSPB DECISIONS.)
 
    IT APPEARS THAT THE ARBITRATOR'S AWARD IN THIS CASE RELATES TO A
 MATTER COVERED BY 5 U.S.C. 7512, I.E., A REMOVAL ACTION.  THEREFORE, THE
 AWARD IS "AN AWARD RELATING TO A MATTER DESCRIBED IN SECTION 7121(F)"
 AND IS THUS NOT SUBJECT TO REVIEW BY THE AUTHORITY UNDER 5 U.S.C.
 7122(A).  THEREFORE, THE UNION'S EXCEPTION MUST BE DISMISSED BY THE
 AUTHORITY FOR LACK OF JURISDICTION.
 
    ACCORDINGLY, IT IS HEREBY ORDERED THAT THE UNION'S EXCEPTION BE, AND
 IT HEREBY IS, DISMISSED.  FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., FEBRUARY 19, 1982
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR