[ 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