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15:0206(39)AR - FEMT Council and Portsmouth Naval Shipyard -- 1984 FLRAdec AR



[ v15 p206 ]
15:0206(39)AR
The decision of the Authority follows:


 15 FLRA No. 39
 
 FEDERAL EMPLOYEES METAL
 TRADES COUNCIL, AFL-CIO
 Union
 
 and
 
 PORTSMOUTH NAVAL SHIPYARD
 Activity
 
                                            Case No. O-AR-787
 
                        ORDER DISMISSING EXCEPTIONS
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator John T. Conlon filed by the Union 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 Union's
 exceptions and they must be dismissed on that basis.
 
    In the instant case, the Arbitrator found that the grievant's removal
 was for just cause and accordingly, as his award, denied the grievance.
 
    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.  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, the removal of the grievant, under section 7122(a) of the Statute
 the Authority is without jurisdiction to review the Union's exceptions.
 Rather, the grievant may seek judicial review of the Arbitrator's award
 pursuant to 5 U.S.C. 7703.
 
    Accordingly, and apart from other considerations, the Union's
 exceptions are hereby dismissed.
 
    For the Authority.
 
    Issued, Washington, D.C., June 29, 1984
                                       Harold D. Kessler, Director, Case
                                       Management