16:0137(25)AR - AFGE Local 1533 and Navy Resale and Services Office, Navy, Oakland, CA -- 1984 FLRAdec AR

 16 FLRA No. 25
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 1533, AFL-CIO
 Union
 
 and
 
 NAVY RESALE AND SERVICES OFFICE,
 DEPARTMENT OF THE NAVY, OAKLAND, CALIFORNIA
 Activity
 
                                            Case No. O-AR-841
 
                        ORDER DISMISSING EXCEPTIONS
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Joseph W. Garbarino filed on behalf of the grievant pursuant
 to section 7122(a) of the Federal Service Labor-Management Relations
 Statute (5 U.S.C. 7122(a)).  For the reasons that follow, the Authority
 is without jurisdiction to review the exceptions and the exceptions
 therefore must be dismissed.
 
    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 those covered under 5 U.S.C. 7512 which, in turn,
 applies to specified adverse actions including removals.  Review of an
 arbitration award relating to such matters must be obtained in
 accordance with 5 U.S.C. 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.
 
    Since the arbitrator's award relates to a matter covered by 5 U.S.C.
 7512, i.e., the removal of the grievant, 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.  Rather, the grievant may seek judicial review of the
 arbitrator's award pursuant to 5 U.S.C. 7703.
 
    Accordingly, and apart from other considerations, the Union's
 exceptions are hereby dismissed.  For the Authority.  
 
 Issued, Washington, D.C., October 2, 1984
 
                                       Jan K. Bohren
                                       Executive Director/Administrator