16:0584(84)AR - VA Medical Center and AFGE Local 2094 -- 1984 FLRAdec AR

[ v16 p584 ]
The decision of the Authority follows:

 16 FLRA No. 84
                                            Case No. O-AR-865
                        ORDER DISMISSING EXCEPTIONS
    This case is before the Authority on exceptions to the award of
 Arbitrator David S. Lande filed by the Union pursuant to section 7122(a)
 of the Federal Service Labor-Management Relations Statute (5 U.S.C.
 7122(a)).  For the reasons that follow, the Authority is without
 jurisdiction to review the exceptions and the exceptions therefore must
 be dismissed.
    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).
    As relevant to this case, the matters described in section 7121(f) of
 the Statute include those covered under 5 U.S.C. 7512 which, in turn,
 applies to specified adverse actions including removals.  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 if the matter involved had been decided by the Merit
 Systems Protection Board.
    Since the arbitrator's award relates to a matter covered by 5 U.S.C.
 7512, i.e., the removal of the grievant, under section 7122(a) of the
 Statute, exceptions to the award may not be filed with the Authority.
 Consequently, the Authority is without jurisdiction to review the
 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., November 27, 1984
                                       Jan K. Bohren
                                       Executive Director/Administrator