Army and Air Force Exchange Service, Fort Hood Exchange (Activity) and American Federation of Government Employees, Local 1920, AFL-CIO (Union)
[ v07 p396 ]
07:0396(57)AR
The decision of the Authority follows:
7 FLRA No. 57 ARMY AND AIR FORCE EXCHANGE SERVICE, FORT HOOD EXCHANGE (Activity) and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 1920 (Union) Case no.0-AR-300 ORDER DISMISSING EXCEPTIONS THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE ARBITRATION AWARD OF ARBITRATOR DAVID H. BROWN FILED BY THE UNION UNDER SECTION 7122(A) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C. 7101 ET SEQ.). FOR THE REASONS STATED BELOW, THE AUTHORITY IS WITHOUT JURISDICTION TO REVIEW THE SUBJECT EXCEPTIONS AND THEY ACCORDINGLY MUST BE DISMISSED. SECTION 7122(A) PROVIDES IN RELEVANT 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) ARE THOSE COVERED UNDER 5 U.S.C. 4303 AND 7512. SECTION 7512, THE SECTION APPLICABLE IN THE INSTANT CASE, COVERS SPECIFIC ADVERSE ACTIONS, INCLUDING REMOVALS. REVIEW OF AN ARBITRATION AWARD RELATING TO MATTERS LISTED UNDER SECTION 7512 MUST BE OBTAINED IN THE SAME MANNER AND UNDER THE SAME CONDITIONS AS JUDICIAL REVIEW OF A FINAL DECISION OF THE MERIT SYSTEMS PROTECTION BOARD PURSUANT TO 5 U.S.C. 7703. BECAUSE THE SUBJECT EXCEPTIONS PERTAIN TO THE ARBITRATOR'S REFUSAL TO OVERTURN THE GRIEVANT'S REMOVAL, THE AWARD RELATES TO A MATTER COVERED BY 5 U.S.C. 7512 AND THEREFORE IS AN AWARD TO WHICH EXCEPTIONS MAY NOT BE FILED WITH THE AUTHORITY UNDER SECTION 7122(A) OF THE STATUTE AND SECTION 2425.3(B)(2) OF THE AUTHORITY'S RULES AND REGULATIONS (5 C.F.R. 2425.3(B)(2)(1981). RATHER, THE GRIEVANT MUST SEEK JUDICIAL REVIEW PURSUANT TO 5 U.S.C. 7703. CONSEQUENTLY, THE AUTHORITY HAS NO BASIS ON WHICH TO REVIEW THE ARBITRATION AWARD. SEE DEPARTMENT OF THE ARMY, U.S. ARMY TRAINING ENGINEER AND FORT LEONARD WOOD AND NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES, LOCAL R14-32, 6 FLRA NO. 4 (JUNE 2, 1981). ACCORDINGLY, AND APART FROM OTHER CONSIDERATIONS, IT IS HEREBY ORDERED THAT THE UNION'S EXCEPTIONS HEREIN BE, AND THEY HEREBY ARE, DISMISSED. FOR THE AUTHORITY. ISSUED, WASHINGTON, D.C., DECEMBER 18, 1981 JAMES J. SHEPARD, EXECUTIVE DIRECTOR