U.S. Federal Labor Relations Authority

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16:0034(7)AR - DOD Dependents Schools, Pacific Region and Overseas Education Association -- 1984 FLRAdec AR

[ v16 p34 ]
The decision of the Authority follows:

 16 FLRA No. 7
                                            Case No. O-AR-814
                        ORDER DISMISSING EXCEPTIONS
    This matter is before the Authority on exceptions to the award of
 Arbitrator Donald H. Wollett 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.
    The dispute in this matter arose when the grievant was removed for
 unsatisfactory performance pursuant to 5 U.S.C. 4303.  The Arbitrator
 found that the Activity violated the agreement by failing to comply with
 certain procedural requirements and reduced the removal to a suspension
 for one half the 1983-84 school year.  However, he denied reinstatement
 of the grievant to a position in another school.  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. 4303 which applies to adverse actions based on
 unacceptable performance.  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 in this case involves a matter directly
 related to a matter covered by 5 U.S.C. 4303, under section 7122(a) of
 the Statute the Authority is without jurisdiction 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., September 14, 1984
                                       Jan K. Bohren, Executive