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14:0384(61)AR - Justice, Federal Prison System and AFGE Local 1580 -- 1984 FLRAdec AR



[ v14 p384 ]
14:0384(61)AR
The decision of the Authority follows:


 14 FLRA No. 61
 
 UNITED STATES DEPARTMENT OF
 JUSTICE, FEDERAL PRISON SYSTEM
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 1580
 Union
 
                                            Case No. O-AR-743
 
                        ORDER DISMISSING EXCEPTIONS
 
    This case is before the Authority on exceptions to the award of
 Arbitrator Samuel J. Nicholas, Jr. filed by the Union under 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 his award the Arbitrator sustained the grievant's removal from the
 Federal service for unprofessional conduct.  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. 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 manner and under the same
 conditions as if the matter involved had be en decided by the Merit
 Systems Protection Board.
 
    Since the Arbitrator's award in this case 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.  Rather, the Union 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., May 3, 1984
                                       Harold D. Kessler, Director, Case
                                       Management