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U.S. Federal Labor Relations Authority

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24:0272(32)AR - IRS, Louisville District and NTEU -- 1986 FLRAdec AR

[ v24 p272 ]
The decision of the Authority follows:

 24 FLRA No. 32
                                            Case No. 0-AR-1232
                         I.  STATEMENT OF THE CASE
    This matter is before the Authority on exceptions to the award of
 Arbitrator W. Scott Thomson 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 grievant was properly
 disciplined for insubordination but that the penalty imposed, a
 suspension for 30 calendar days, was excessive.  As his award, he
 reduced the 30-day suspension to 14 calendar days.
                      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
 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
 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, that is, 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 (a suspension of the grievant for 30 days), 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. November 26, 1986.
                                       Jerry L. Calhoun, Chairman
                                       Henry B. Frazier III, Member
                                       Jean McKee, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY