[ v16 p137 ]
16:0137(25)AR
The decision of the Authority follows:
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