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21:0311(41)AR - AFGE, Local 1857 and Sacramento Air Logistics Center, McClellan AFB -- 1986 FLRAdec AR



[ v21 p311 ]
21:0311(41)AR
The decision of the Authority follows:


 21 FLRA No. 41
 
 AMERICAN FEDERATION OF GOVERNMENT 
 EMPLOYEES, LOCAL 1857
 Union
 
 and
 
 SACRAMENTO AIR LOGISTICS CENTER, 
 McCLELLAN AIR FORCE BASE
 Activity
 
                                            Case No. 0-AR-1100
 
                        ORDER DISMISSING EXCEPTIONS
                         I.  STATEMENT OF THE CASE
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Jean Wilcox filed by the Union pursuant to 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
 
    The grievance in this case concerned the conduct of the grievant
 which resulted in her being reprimanded and then removed.  In her award
 the Arbitrator found that the reprimand and the removal of the grievant
 were in accordance with applicable law and regulation and the collective
 bargaining agreement.
 
                      III.  ANALYSIS AND CONCLUSIONS
 
    The Authority has determined that it is without jurisdiction to
 review the Union's exceptions.  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 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.
 
    Because 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 these reasons 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