17:0354(51)AR - AFGE Local 1617, San Antonia, TX and San Antonio Air Logistics Center, Kelly AFB, TX -- 1985 FLRAdec AR

 17 FLRA No. 51
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 1617
 SAN ANTONIO, TEXAS
 Union
 
 and
 
 SAN ANTONIO AIR LOGISTICS CENTER
 KELLY AIR FORCE BASE, TEXAS
 Activity
 
                                            Case No. O-AR-910
 
                        ORDER DISMISSING EXCEPTIONS
 
    This case is before the Authority on exceptions to the award of
 Arbitrator Harold R. Ainsworth by the Union pursuant to section 7122(a)
 of the Federal Service Labor-Management Relations Statute and section
 2425.1 of the Authority's Rules and Regulations.  For the reasons stated
 below, the Authority is without jurisdiction to review the Union's
 exceptions and they must be dismissed on that basis.
 
    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).
 
    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., March 27, 1985
                                       Harold D. Kessler
                                       Managing Director for Case
                                       Processing