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31:0715(45)AR - Army Missile Command, Redstone Arsenal and AFGE Local 1858 -- 1988 FLRAdec AR



[ v31 p715 ]
31:0715(45)AR
The decision of the Authority follows:


 31 FLRA NO. 45
  31 FLRA 715

       03 MAR 1988

U.S. ARMY MISSILE COMMAND
REDSTONE ARSENAL

                    Activity

      and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1858

                    Union

Case No. 0-AR-1478

ORDER DISMISSING EXCEPTIONS

     I. Statement of the Case This matter is before the Authority
on exceptions to the award of Arbitrator J. Ralph Beaird. The
Arbitrator denied the grievance and sustained the removal of the
grievant from the Federal service. The exceptions were filed by
the Union under section 7122(a) of the Federal Service Labor -
Management Relations Statute (the Statute) and part 2425 of the
Authority's Rules and Regulations.

     The Arbitrator's award relates to the grievant's removal.
Therefore, we are without jurisdiction to resolve the exceptions
to the award. Accordingly, we will dismiss the Union's
exceptions.

     II. Discussion

     Section 7122(a) of the Statute provides:

     Either party to arbitration under the 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).

     The matters described in section 7121(f) of the Statute
include serious adverse actions (such as removals) covered by 5
U.S.C. 7512. [PAGE]

     The Arbitrator's award relates to the removal of the
grievant, which is a matter covered by 5 U.S.C. 7512 and
described in section 7121(f). Exceptions to the award may not be
filed with the Authority under section 7122(a) of the Statute and
must be dismissed for lack of jurisdiction. For example,
International Organization of Masters, Mates, and Pilots, ILA,
AFL - CIO, Panama Canal Branch and Panama Canal Commission, 30 
FLRA  646 (1987). Review of the Arbitrator's award, like review
of decisions of the Merit Systems Protection Board, must be by
appeal to the U.S. Court of Appeals for the Federal circuit in
accordance with 5 U.S.C. 7703.

     III. Order

     The Union's exceptions are dismissed.

     Issued, Washington, D.C., March 3, 1988.

     Jerry L. Calhoun, Chairman

     Jean McKee, Member

     FEDERAL LABOR RELATIONS AUTHORITY