AFGE Local 1857 and Sacramento Air Logistics Center (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 upheld an employee's reprimand and removal from the Sacramento Air Logistics Center. AFGE Local 1857 filed exceptions with the Authority. The Authority held that it could not review an arbitration award relating to a removal covered by 5 U.S.C. § 7512. It dismissed the exceptions for lack of jurisdiction and identified the separate review route under § 7703.

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: A removal award covered by § 7121(f) is reviewed through the statutory route for Merit Systems Protection Board matters.

Full text (FLRA public release)

[ v21 p311 ]

21:0311(41)AR

The decision of the Authority follows:

21 FLRA No. 41

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1857
Union

and

SACRAMENTO AIR LOGISTICS CENTER,
McCLELLAN AIR FORCE BASE
Activity

Case No. 0-AR-1100

ORDER DISMISSING EXCEPTIONS
I. STATEMENT OF THE CASE

This matter is before the Authority on exceptions to the award of Arbitrator Jean Wilcox filed by the Union pursuant to 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

The grievance in this case concerned the conduct of the grievant which resulted in her being reprimanded and then removed. In her award the Arbitrator found that the reprimand and the removal of the grievant were in accordance with applicable law and regulation and the collective bargaining agreement.

III. ANALYSIS AND CONCLUSIONS

The Authority has determined that it is without jurisdiction to review the Union's exceptions. Section 7122(a) of the Statute pertinently provides:

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.

Because 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 these reasons 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