[ v17 p356 ]
17:0356(52)AR
The decision of the Authority follows:
17 FLRA No. 52 AIR FORCE LOGISTICS COMMAND, KELLY AIR FORCE BASE SAN ANTONIO, TEXAS Activity and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, COUNCIL NO. 214, LOCAL UNION NO. 1617 SAN ANTONIO, TEXAS Union Case No. O-AR-925 ORDER DISMISSING EXCEPTIONS This case is before the Authority on exceptions to the award of Arbitrator F. Jay Taylor filed by the Union pursuant to section 7122(a) of the Federal Service Labor-Management Relations Statute and section 2425.1 of the Authority's Rules and Regulations. For the reasons stated below, the Authority is without jurisdiction to review the Union's exceptions and they must be dismissed on that basis. 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 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., March 27, 1985 Harold D. Kessler Managing Director for Case Processing