15:0204(38)AR - AFGE Local 3882 and Federal Prison System, Ray Brook, NY -- 1984 FLRAdec AR

 15 FLRA No. 38
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 3882
 Union
 
 and
 
 FEDERAL PRISON SYSTEM,
 RAY BROOK, NEW YORK
 Activity
 
                                            Case No. O-AR-741
 
                        ORDER DISMISSING EXCEPTIONS
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Dale S. Beach filed on behalf of the Activity by the
 Department of Justice (the Agency) under section 7122(a) of the Federal
 Service Labor-Management Relations Statute and section 2425.1 of the
 Authority's Rules and Regulations.  For the reasons set forth below, the
 Authority is without jurisdiction to review the Agency's exceptions and
 they must be dismissed on that basis.
 
    In the instant case, the Arbitrator found that the grievant's removal
 was not for just and sufficient cause and accordingly, as his award,
 reduced the discipline to a 60-day suspension and ordered the grievant
 reinstated.
 
    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).
 
    The matters described in section 7121(f) of the Statute include those
 covered under 5 U.S.C. 7512 which applies to specified adverse actions,
 including removals and suspensions for more than 14 days.  Pursuant to
 section 7121(f), 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 judicial review of a final
 decision of the Merit Systems Protection Board.
 
    Since the Arbitrator's award relates to a matter covered by 5 U.S.C.
 7512 under section 7122(a) of the Statute the Authority is without
 jurisdiction to review the Agency's exceptions.  Rather, the Agency may
 seek judicial review of the Arbitrator's award pursuant to 5 U.S.C.
 7703.
 
    Accordingly, and apart from other considerations, the Agency's
 exceptions are hereby dismissed.
 
    For the Authority.
 
    Issued, Washington, D.C., June 29, 1984
                                       Harold D. Kessler, Director, Case
                                       Management