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17:0358(53)AR - NTEU Chapter 12 and IRS, Birmingham District -- 1985 FLRAdec AR



[ v17 p358 ]
17:0358(53)AR
The decision of the Authority follows:


 17 FLRA No. 53
 
 NATIONAL TREASURY EMPLOYEES
 UNION, CHAPTER 12
 Union
 
 and
 
 INTERNAL REVENUE SERVICE,
 BIRMINGHAM DISTRICT
 Activity
 
                                            Case No. O-AR-909
 
                        ORDER DISMISSING EXCEPTIONS
 
    This case is before the Authority on exceptions to the award of
 Arbitrator Roger C. Williams 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.
 
    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, 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., March 27, 1985
                                       Harold D. Kessler
                                       Managing Director for Case
                                       Processing