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Department of the Air Force (Activity) and American Federation of Government Employees, Local 1668, AFL-CIO (Union)



[ v08 p204 ]
08:0204(41)AR
The decision of the Authority follows:


 8 FLRA No. 41
 
 DEPARTMENT OF THE AIR FORCE
 (Activity)
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 1668, AFL-CIO
 (Union)
 
                                            Case No. 0-AR-349
 
                        ORDER DISMISSING EXCEPTIONS
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO AN ARBITRATION
 AWARD FILED ON BEHALF OF THE GRIEVANT PURSUANT TO SECTION 7122(A) OF THE
 FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C. 7122(A)).
 FOR THE REASONS THAT FOLLOW, THE AUTHORITY IS WITHOUT JURISDICTION TO
 REVIEW THE EXCEPTIONS AND THE EXCEPTIONS THEREFORE MUST BE DISMISSED.
 
    SECTION 7122(A) OF THE STATUTE PROVIDES, IN PERTINENT PART:
 
    EITHER PARTY TO ARBITRATION UNDER THIS CHAPTER MAY FILED 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).
 
    AS RELEVANT TO THIS CASE, THE MATTERS DESCRIBED IN SECTION 7121(F) OF
 THE STATUTE INCLUDE THOSE COVERED UNDER 5 U.S.C. 7512 WHICH, IN TURN,
 APPLIES TO SPECIFIED ADVERSE ACTIONS INCLUDING REMOVALS.  REVIEW OF AN
 ARBITRATION AWARD RELATING TO SUCH MATTERS MUST BE OBTAINED IN
 ACCORDANCE WITH 5 U.S.C. 7703, I.E., IN THE SAME MANNER AND UNDER THE
 SAME CONDITIONS AS IF THE MATTER INVOLVED HAD BEEN DECIDED BY THE MERIT
 SYSTEMS PROTECTION BOARD.  (5 U.S.C.  7703 PROVIDES FOR JUDICIAL REVIEW
 OF FINAL DECISIONS OF THE MSPB.)
 
    SINCE THE ARBITRATOR'S AWARD RELATES TO A MATTER COVERED BY 5 U.S.C.
 7512, I.E., THE REMOVAL OF THE GRIEVANT, UNDER SECTION 7122(A) OF THE
 STATUTE, EXCEPTIONS TO THE AWARD MAY NOT BE FILED WITH THE AUTHORITY.
 CONSEQUENTLY, THE AUTHORITY IS WITHOUT JURISDICTION TO REVIEW THE
 EXCEPTIONS.  RATHER, THE GRIEVANT MAY SEEK JUDICIAL REVIEW OF THE
 ARBITRATOR'S AWARD PURSUANT TO 5 U.S.C. 7703.
 
    ACCORDINGLY, AND APART FROM OTHER CONSIDERATIONS, IT IS ORDERED THAT
 THE EXCEPTIONS BE, AND THEY HEREBY ARE, DISMISSED.
 
    FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., MARCH 11, 1982
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR