---

 34 FLRA NO. 21


                  U.S. DEPARTMENT OF THE NAVY
                  PUGET SOUND NAVAL SHIPYARD
                     BREMERTON, WASHINGTON

                              and

                BREMERTON METAL TRADES COUNCIL

                           0-AR-1593

		   ORDER DISMISSING EXCEPTION

    		      December 29,  1989

     Before Chairman McKee and Members Talkin and Armendariz.

I. Statement of the Case

     This case is before the Authority on an exception to the
award of Arbitrator Robert A. O'Neill. The exception was filed by
the United Brotherhood of Carpenters, Local Union No. 2317 on
behalf of the Bremerton Metal Trades Council (the Union) and the
grievant under section 7122(a) of the Federal Service Labor -
Management Relations Statute (the Statute) and part 2425 of the
Authority's Rules and Regulations. For the reasons stated below,
we find that the Authority is without jurisdiction to review the
Union's exception and it must be dismissed.

II. Background and Arbitrator's Award

     The grievant was removed from his position after he suffered
an injury while working at the Puget Sound Naval Shipyard (the
Agency) and filed a claim. The grounds for the removal were: (1)
misstatement and concealment of facts in connection with an
official record; (2) filing false testimony during an
investigation; (3) filing false claims against the Government;
(4) failure to observe precautions for personal safety; and (5)
violations of safety regulations that endangered the grievant's
life and resulted in personal injury. 

     The grievant filed a grievance which was submitted to
arbitration. The issues before the Arbitrator were (1) whether
the Agency violated the parties' agreement and Chapter 752 of the
Federal Personnel Manual (FPM) when it removed the grievant; and
(2) if so, whether the grievant should be reinstated and made
whole for lost pay and benefits. The Arbitrator determined that
each of the five charges against the grievant was "substantially
proven" and supported the removal action. Arbitrator's Award at
19. Therefore, the Arbitrator denied the grievance.

III. Exception

     The Union alleges that the award is contrary to law and
Government-wide regulation because "the Arbitrator fail(ed) to
correctly apply the provisions of Federal Personnel Manual 752,
Section 7122 and Public Law 454, the Civil Service Reform Act of
1978." Union's Exception at 1. The Union asserts that the FPM and
the Statute require the Agency to prove the charges used to
support a removal by a preponderance of the evidence. The Union
contends that the Arbitrator did not apply the preponderance of
evidence standard, as required by law.

IV. Discussion

     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 adverse actions under 5 U.S.C. 7512, such as removals and
suspensions for more than 14 days. Review of an arbitration award
reflecting to those matters must be obtained in accordance with 5
U.S.C. 7703, that is, in the same manner and under the same
conditions as if the matter had been decided by the Merit Systems
Protection Board. See Veterans Administration and American
Federation of Government Employees, Local 2610, 33 FLRA  347
(1988).

     Since the Arbitrator's award relates to a matter covered by
section 7512--the removal of the grievant--an exception to the
award may not filed with the Authority under section 7122(a) of
the Statute. Id. See also  Mare Island Naval Shipyard and
Federal Employees Metal Trades Council, 29  FLRA  1357 (1987).
Therefore, the Authority is without jurisdiction to review the
Union's exception.

V. Order

     Accordingly, the Union's exception is dismissed. 

---