U.S. Federal Labor Relations Authority

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15:0776(145)AR - AFGE Local 3399 and Harry S. Truman Memorial Veterans Hospital -- 1984 FLRAdec AR

[ v15 p776 ]
The decision of the Authority follows:

 15 FLRA No. 145
                                            Case No. O-AR-817
                        ORDER DISMISSING EXCEPTIONS
    This case is before the Authority on exceptions to the award of
 Arbitrator John R. Thornell filed by the Union pursuant to 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 stated below, the Authority is without jurisdiction to review
 the Union's exceptions and they must be dismissed on that basis.
    The dispute in this matter arose when the grievant was removed from
 his position.  The Arbitrator found that the grievant's failure to
 follow orders in the circumstances of this case constituted just and
 sufficient cause for removal, and he denied the grievance on that basis.
  The Union then filed the instant exceptions with the Authority.
    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 suspensions for more than fourteen days and 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;  that
 is, in the same manner and under the same conditions as judicial review
 of a final decision of the Merit Systems Protection Board.
    Accordingly, as the Arbitrator's award in this case involves a matter
 covered by 5 U.S.C. 7512, the Authority is without jurisdiction under
 section 7122(a) of the Statute to review the Union's exceptions.
 Rather, judicial review of the Arbitrator's award may be sought 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., August 29, 1984
                                       Jan K. Bohren
                                       Executive Director / Administrator