Social Security Administration and AFGE Local 2006 (Authority decision, April 16, 1986)

Final FLRA decision. The Authority dismisses exceptions to an arbitration award involving an employee's removal because 5 U.S.C. § 7121(f) and § 7122(a) place that matter outside its exceptions jurisdiction. The decision explains that review of such an award proceeds under 5 U.S.C. § 7703 as if the matter had been decided by the Merit Systems Protection Board.

Plain-English summary

An arbitrator found just cause for a Social Security Administration employee's removal and denied the grievance. AFGE Local 2006 filed exceptions with the Authority. The Authority held that it lacked jurisdiction because the award concerned a removal covered by 5 U.S.C. § 7512 and § 7121(f). It dismissed the exceptions and identified review under § 7703 as the applicable route.

Decision snapshot

• Authority: Arbitration review exclusion under 5 U.S.C. § 7122(a) for matters described in § 7121(f).
• Outcome: Union exceptions dismissed for lack of jurisdiction.
• Key point: The Authority cannot review exceptions to an arbitration award concerning a removal covered by § 7512.

Full text (FLRA public release)

[ v21 p309 ]

21:0309(40)AR

The decision of the Authority follows:

21 FLRA No. 40

SOCIAL SECURITY ADMINISTRATION
Agency

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2006
Union

Case No. 0-AR-1078

ORDER DISMISSING EXCEPTIONS

I. STATEMENT OF THE CASE

This matter is before the Authority on exceptions to the award of Arbitrator Barbara Fausner Tener filed on behalf of the Union under section 7122(a) of the Federal Service Labor-Management Relations Statute and part 2425 of the Authority's Rules and Regulations.

II. ARBITRATOR'S AWARD

In her award the Arbitrator found that the Agency had removed the grievant from the Federal service for just cause and denied the grievance.

III. ANALYSIS AND CONCLUSION

The Authority has determined that it is without jurisdiction to review the Union's exceptions. 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 adverse actions under 5 U.S.C. Section 7512, such as removal actions. Review of an arbitration award relating to such matters must be obtained in accordance with 5 U.S.C. Section 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. E.g., Veterans Administration Medical Center, New York, N.Y. and Local No. 2094, American Federation of Government Employees, 7 FLRA 788 (1982).

Since the Arbitrator's award relates to a matter covered by 5 U.S.C. Section 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.

IV. DECISION

Accordingly, for that reason and apart from other considerations, the Union's exceptions are dismissed.

Issued, Washington, D.C., April 16, 1986.

/s/ Jerry L. Calhoun, Chairman
/s/ Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY