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13:0003(1)AR - HHS, SSA, Mid-America Program Service Center and Local 1336, AFGE -- 1983 FLRAdec AR



[ v13 p3 ]
13:0003(1)AR
The decision of the Authority follows:


 13 FLRA No. 1
 
 U.S. DEPARTMENT OF HEALTH AND
 HUMAN SERVICES, SOCIAL SECURITY
 ADMINISTRATION, MID-AMERICA PROGRAM
 SERVICE CENTER
 (Activity)
 
 and
 
 LOCAL 1336, AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, AFL-CIO
 (Union)
 
                                            Case No. O-AR-591
 
                        ORDER DISMISSING EXCEPTIONS
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator James E. Westbrook filed by the Union pursuant to section
 7122(a) of the Federal Service Labor-Management Relations Statute and
 part 2425 of the Authority's Rules and Regulations.  For the reason set
 forth below, the Union's exceptions must be dismissed.
 
    In this case, the Arbitrator sustained the removal of the grievant
 for unacceptable performance.  Section 7122(a) of the Statute provides,
 in pertinent 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).
 
    As relevant to this case, the matters described in section 7121(f) of
 the Statute include those covered under 5 U.S.C. 4303 which applies to
 adverse actions, including removals, for unacceptable performance.
 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.
 
    Since the Arbitrator's award relates to a matter covered by 5 U.S.C.
 4303, i.e., the removal of the grievant for unacceptable performance,
 under section 7122(a) of the Statute, exceptions to the award may not be
 filed with the Authority.  Rather, the grievant may seek judicial review
 of the Arbitrator's award pursuant to 5 U.S.C. 7703.  Consequently, the
 Authority is without jurisdiction to review the Union's exceptions.
 
    Accordingly, and apart from other considerations, the Union's
 exceptions are hereby dismissed.  For the Authority.  Issued,
 Washington, D.C., September 15, 1983
                                       James J. Shepard, Executive
                                       Director