U.S. Federal Labor Relations Authority

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21:0309(40)AR - SSA and AFGE, Local 2006 -- 1986 FLRAdec AR

[ v21 p309 ]
The decision of the Authority follows:

 21 FLRA No. 40
                                            Case No. 0-AR-1078
                        ORDER DISMISSING EXCEPTIONS
                         I.  STATEMENT OF THE CASE
    This matter is before the Authority on exceptions to the award of
 Arbitrator Barbara Fausner Tener filed on behalf of the Union under
 section 7122(a) of the Federal Service Labor-Management Relations
 Statute and part 2425 of the Authority's Rules and Regulations.
                          II.  ARBITRATOR'S AWARD
    In her award the Arbitrator found that the Agency had removed the
 grievant from the Federal service for just cause and denied the
                       III.  ANALYSIS AND CONCLUSION
    The Authority has determined that it is without jurisdiction to
 review the Union's exceptions.  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 adverse actions under 5 U.S.C. Section 7512, such as
 removal actions.  Review of an arbitration award relating to such
 matters must be obtained in accordance with 5 U.S.C. Section 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.  E.g.,
 Veterans Administration Medical Center, New York, N.Y. and Local No.
 2094, American Federation of Government Employees, 7 FLRA 788 (1982).
    Since the Arbitrator's award relates to a matter covered by 5 U.S.C.
 Section 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.
                               IV.  DECISION
    Accordingly, for that reason and apart from other considerations, the
 Union's exceptions are dismissed.
    Issued, Washington, D.C., April 16, 1986.
                                       /s/ Jerry L. Calhoun, Chairman
                                       /s/ Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY