15:0092(16)AR - SSA and AFGE Local 1923 -- 1984 FLRAdec AR

[ v15 p92 ]
The decision of the Authority follows:

 15 FLRA No. 16
                                            Case No. O-AR-734
                        ORDER DISMISSING EXCEPTIONS
    This case is before the Authority on exceptions to the award of
 Arbitrator Seymour Strongin, filed by the Activity under 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
 Activity's exceptions must be dismissed.
    In this case, the Arbitrator rescinded the Activity's 30 day
 suspension of the grievant.
    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 suspensions for more than
 14 days.  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 been 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 suspension of a grievant for more than 14
 days, under section 7122(a) of the Statute, exceptions to the award may
 not be filed with the Authority.  Rather, the Activity 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
 Activity's exceptions.
    Accordingly, the Activity's exceptions are hereby dismissed.
    For the Authority.
    Issued, Washington, D.C., June 13, 1984
                                       Harold D. Kessler, Director, Case