[ v15 p92 ]
15:0092(16)AR
The decision of the Authority follows:
15 FLRA No. 16 SOCIAL SECURITY ADMINISTRATION Activity and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1923, AFL-CIO Union Case No. O-AR-734 ORDER DISMISSING EXCEPTIONS This case is before the Authority on exceptions to the award of Arbitrator Seymour Strongin, filed by the Activity under 7122(a) of the Federal Service Labor-Management Relations Statute and part 2425 of the Authority's Rules and Regulations. For the reason set forth below, the Activity's exceptions must be dismissed. In this case, the Arbitrator rescinded the Activity's 30 day suspension of the grievant. 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 suspensions for more than 14 days. Review of an arbitration award relating to such matters must be obtained in accordance with 5 U.S.C. 7703, i.e., in the 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 in this case relates to a matter covered by 5 U.S.C. 7512, i.e., the suspension of a grievant for more than 14 days, under section 7122(a) of the Statute, exceptions to the award may not be filed with the Authority. Rather, the Activity may seek judicial review of the Arbitrator's award pursuant to 5 U.S.C. 7703. Consequently, the Authority is without jurisdiction to review the Activity's exceptions. Accordingly, the Activity's exceptions are hereby dismissed. For the Authority. Issued, Washington, D.C., June 13, 1984 Harold D. Kessler, Director, Case Management