U.S. Federal Labor Relations Authority

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17:0622(91)AR - National Weather Service Employees Organization (MEBA) and National Weather Service, Western Region -- 1985 FLRAdec AR

[ v17 p622 ]
The decision of the Authority follows:

 17 FLRA No. 91
                                            Case No. 0-AR-941
                        ORDER DISMISSING EXCEPTIONS
    This case is before the Authority on exceptions to a supplemental
 award of Arbitrator Janet L. Gaunt filed by the Department of Commerce
 (the Agency) on behalf of the Activity 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 exceptions
 and the exceptions therefore must be dismissed.
    In this case, the Arbitrator found that the grievant's removal by the
 Activity resulted from harmful procedural error and unlawful disparate
 treatment and was not made for reasons that promoted the efficiency of
 the service.  As her award, the Arbitrator, among other things, set
 aside the removal action and directed the Activity to reinstate the
 grievant with backpay. The Arbitrator subsequently issued a supplemental
 award granting the Union's application for attorney's fees.  The Agency
 then filed the instant exceptions to the supplemental award.
    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
    Accordingly, and apart from other considerations, the Agency's
 exceptions are hereby dismissed.  For the Authority.  Issued,
 Washington, D.C. April 22, 1985
                                       Harold D. Kessler
                                       Managing Director for Case