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The decision of the Authority follows:
11 FLRA NO. 117
U.S. SOLDIERS' AND AIRMEN'S HOME Agency and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 3090, AFL-CIO Union Case No. 0-AR-381
This matter is before the Authority on exceptions to the award of Arbitrator Nicholas H. Zumas filed by the Agency under section 7122(a) of the Federal Service Labor - Management Relations Statute (the Statute) and part 2425 of the Authority's Rules and Regulations. The Union filed an opposition. 1
The parties submitted to arbitration their dispute over whether the suspension and ultimate removal of the grievant, an employee in the excepted service who is not a preference eligible, was for just cause and, if not, what should be the remedy. The Arbitrator found that the suspension and removal were not for just cause and ordered the grievant reinstated.
In its exceptions the Agency contends that the award is deficient as based on nonfacts. However, the essence of the exceptions is that the Arbitrator reached the wrong factual conclusion on the basis of the [ v11 p 692] evidence and testimony presented to him. Thus, the exceptions merely constitute disagreement with the Arbitrator's reasoning and conclusions and an attempt to relitigate the merits of the case. Consequently, they provide no basis for finding the award deficient, and accordingly they are denied. Rock Island Arsenal, Rock Island, Illinois and National Association of Government Employees, Local R7-72, 7 FLRA No. 124 (1982); Supervisor of Shipbuilding, Conversion and Repair, United States Navy and Local R4-2, National Association of Government Employees (NAGE), 5 FLRA No. 29 (1981).
Issued, Washington, D.C., March 18, 1983 Ronald W. Haughton, Chairman Henry B. Frazier III, Member Leon B. Applewhaite, Member FEDERAL LABOR RELATIONS AUTHORITY
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Footnote 1 In its opposition, the Union also contends that because the award relates to a suspension and removal, the Authority has no jurisdiction to review it. However, in this respect the only awards to which exceptions may not be filed with the Authority under section 7122(a) of the Statute are those relating to matters described in section 7121(f). This award, pertaining to the suspension and removal of an employee in the excepted service who is not a preference eligible, does not relate to any of the matters described in section 7121(f) and therefore is properly before the Authority for review. See 5 U.S.C. 7511(a)(1); Department of Defense Dependents Schools and Overseas Education Association, 10 FLRA No. 58 (1982).