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22:0701(78)AR - Portsmouth Naval Shipyard and FEMT Council -- 1986 FLRAdec AR



[ v22 p701 ]
22:0701(78)AR
The decision of the Authority follows:


 22 FLRA No. 78
 
 PORTSMOUTH NAVAL SHIPYARD
 Activity
 
 and
 
 FEDERAL EMPLOYEES METAL TRADES 
 COUNCIL, AFL-CIO
 Union
 
                                            Case No. 0-AR-1157
 
                        ORDER DISMISSING EXCEPTIONS
 
                         I.  STATEMENT OF THE CASE
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Tim Bornstein filed by 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 his award the Arbitrator found that the 30-day suspension of the
 grievant was for just cause and denied the grievance.
 
                      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 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
 a suspension for more than 14 days.  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.  American Federation of Government Employees, Local 1857 and
 Sacramento Air Logistics Center, McClellan Air Force Base, 21 FLRA No.
 41 (1986).
 
    Because the Arbitrator's award relates to a matter covered by section
 7512, 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, the Union's exceptions are dismissed.
 
    Issued, Washington, D.C., July 24, 1986.
                                       /s/ Jerry L. Calhoun, Chairman
                                       /s/ Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY