U.S. Federal Labor Relations Authority

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23:0323(40)AR - VA Medical Center, Kansas City, MO and AFGE -- 1986 FLRAdec AR

[ v23 p323 ]
The decision of the Authority follows:

 23 FLRA No. 40
                                            Case No. 0-AR-1180
                        ORDER DISMISSING EXCEPTIONS
                         I.  STATEMENT OF THE CASE
    This matter is before the Authority on exceptions to the award of
 Arbitrator Solbert M. Wasserstrom 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 removal of the grievant
 was not justified and sustained the grievance.  He order the grievant
 reinstated without backpay.
                      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
 a removal.  Review of an arbitration award relating to such matters must
 be obtained 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 related 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 this reasons, the Union's exceptions are dismissed.
    Issued, Washington, D.C., August 29, 1986.
                                       /s/ Jerry L. Calhoun, Chairman
                                       /s/ Henry B. Frazier III, Member
                                       /s/ Jean McKee, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY