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16:0303(46)AR - VA Medical Center, Hines, IL and Illinois Nurses Association, Hines Local Unit -- 1984 FLRAdec AR



[ v16 p303 ]
16:0303(46)AR
The decision of the Authority follows:


 16 FLRA No. 46
 
 VETERANS ADMINISTRATION MEDICAL
 CENTER, HINES, ILLINOIS
 Activity
 
 and
 
 ILLINOIS NURSES ASSOCIATION,
 HINES LOCAL UNIT
 Union
 
                                            Case No. O-AR-473
 
                        ORDER DISMISSING EXCEPTIONS
 
    This matter is before the Authority on exceptions to the award of
 Aaron S. Wolff filed by the Agency under section 7122(a) of the Federal
 Service Labor-Management Relations Statute and part 2425 of the
 Authority's Rules and Regulations.  In his award the Arbitrator
 converted the grievant's /1/ removal for misconduct to a suspension for
 90 days.  For the reasons that follow, the Authority is without
 jurisdiction to review the Agency's exceptions and the exceptions
 therefore must be dismissed.
 
    Section 7122(a) of the Statute pertinently provides:
 
          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 /2/ include matters similar to those covered under 5 U.S.C.
 7512 which arise under other personnel systems.  Matters covered under
 section 7512 are specified adverse actions including removal and a
 suspension for more than 14 days.  Under section 7121(f) the review of
 an arbitration award relating to similar matters that have arisen under
 another personnel system may be obtained in the same manner and on the
 same basis as that of a final decision in such a matter raised under
 applicable appellate procedures.  In terms of this case, the award
 relates to a matter that is similar to those covered under section 7512
 and has arisen under another personnel system within the meaning of
 section 7121(f).  See VA Medical Center, Northport, New York v. FLRA,
 732 F.2d 1128, 1131 n.6 (2d Cir. 1984);  Veterans Administration Medical
 Center, Chillicothe, Ohio and American Federation of Government
 Employees, Local 1631, AFL-CIO, 15 FLRA No. 92 (1984).  Therefore, the
 Arbitrator's award relates to a matter described in section 7121(f), and
 under section 7122(a) exceptions to the award may not be filed with the
 Authority.  Consequently, the Authority is without jurisdiction to
 review the exceptions and accordingly they are dismissed.  Issued,
 Washington, D.C., October 30, 1984
                                       Henry B. Frazier III, Acting
                                       Chairman
                                       Ronald W. Haughton, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ It is not contested that the grievant is a nurse in the agency's
 Department of Medicine and Surgery who has been appointed under 38
 U.S.C. chapter 73.
 
 
    /2/ Section 7121(f) pertinently provides:
 
          In matters similar to those covered under sections 4303 and
       7512 of this title which arise under other personnel systems and
       which an aggrieved employee has raised under the negotiated
       grievance procedure, judicial review of an arbitrator's award may
       be obtained in the same manner and on the same basis as could be
       obtained of a final decision in such matters raised under
       applicable appellate procedures.