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42:0175(12)AR - DOD ARMY AND AIR FORCE EXCHANGE SERVICE DAN DANIELS DISTRIBUTION CENTER NEWPORT NEWS, VIRGINIA and NAGE -- 1991 FLRAdec AR

[ v42 p175 ]
42:0175(12)AR
The decision of the Authority follows:




42 FLRA No. 12
FEDERAL LABOR RELATIONS AUTHORITY
WASHINGTON, D.C.



U.S. DEPARTMENT OF DEFENSE
ARMY AND AIR FORCE EXCHANGE SERVICE
DAN DANIELS DISTRIBUTION CENTER
NEWPORT NEWS, VIRGINIA
(Agency)

and

NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES
(Union)

  0-AR-2167
	     

ORDER DISMISSING EXCEPTIONS

September 13, 1991
  
	The Agency has filed exceptions to the award of Arbitrator William G.
Haemmel in the above-captioned case.  The Union has filed an opposition to     
the Agency's exceptions.  For the reasons set out below, the Agency's 
exceptions must be dismissed.

	Section 7122(a) of the Labor-Management Relations Statute (the Statute) 
provides, in pertinent part:

     Either party to arbitration under [the Statute] 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 
     [the Statute]).

	The matters described in section 7121(f) of the Statute
include adverse actions, such as suspensions for more than 14 days, under 5 
U.S.C. § 7512 as well as similar actions which arise under "other 
personnel systems."  In Army and Air Force Exchange Service and American 
Federation of Government Employees, Region Council 236, 33 FLRA 815, 817-18 
(1988), the Authority determined that nonappropriated fund (NAF) employees 
are not covered by section 5 U.S.C.§ 7512 but, instead, are covered 
under another personnel system, within the meaning of section 7121(f) of the 
Statute. See National Association of Government Employees, Local R5-169 and 
U.S. Department of the Army, Army and Air Force Exchange Service, Fort Polk, 
Louisiana, 36 FLRA 348 (1990).

	The Arbitrator's award relates to the suspension of a NAF employee for 
more than 14 days, a matter described in 5 U.S.C. § 7121(f) of the 
Statute.

	Accordingly, as the Authority is without jurisdiction in the above-
captioned case under section 7122(a) of the Statute, the Agency's exceptions 
are dismissed.

For the Authority.


		                              
		                              Alicia N. Columna
		                              Director, Case Control Office