48 FLRA No. 153

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 2836

(Union)

and

U.S. DEPARTMENT OF VETERANS AFFAIRS

SAM RAYBURN MEMORIAL VETERANS CENTER

BONHAM, TEXAS

(Agency)

0-AR-2570

ORDER DISMISSING EXCEPTIONS

January 31, 1994

The Union has filed exceptions to the award of Arbitrator Paula Ann Hughes in the above-captioned case. On January 7, 1994, the Authority issued an Order directing the Union to show cause why its exceptions should not be dismissed because the Authority is without jurisdiction to review exceptions to an award relating to the removal of the grievant from a position in the Federal Service. The Union filed two timely responses to the Authority's Order, that corrected deficiencies, but did not respond to the jurisdictional issue. For the following reasons, the Union's exceptions must be dismissed.

Section 7122(a) of the Federal Service 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 serious adverse actions covered under 5 U.S.C. § 7512, such as removals, or suspensions for more than 14 days. See, for example, American Federation of Government Employees, Local 2094 and U.S. Department of Veterans Affairs, Manhattan Medical Center, 44 FLRA 1192 (1993). Review of arbitration awards relating to such matters, like review of decisions of the Merits Systems Protection Board, may be sought by appeal to the U.S. Court of Appeals for the Federal Circuit in accordance with 5 U.S.C. § 7703. The Authority is without jurisdiction to review such awards. See, for example, U.S. Department of Defense, Defense Logistics Agency, Defense Distribution Region Central, Memphis, Tennessee and American Federation of Government Employees, Local 2501, 47 FLRA 572 (1993).

The Arbitrator's award denied the Union's grievance over the discharge of the grievant. As the Arbitrator's award in the above-captioned case relates to the removal of the grievant, a matter which is covered under 5 U.S.C. § 7512 and described in section 7121(f) of the Statute, exceptions to the award may not be filed with the Authority under section 7122(a) of the Statute. Therefore, the Authority is without jurisdiction to review the Union's exceptions.

Accordingly, the Union's exceptions are dismissed.

For the Authority.

_________________________
Alicia N. Columna
Director, Case Control Office

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FOOTNOTES:
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