Portsmouth Naval Shipyard and Federal Employees Metal Trades Council (Authority decision, July 24, 1986)

Final FLRA decision. The Authority dismisses arbitration exceptions for lack of jurisdiction. The underlying adverse-action award follows the review route in 5 U.S.C. §§ 7121(f) and 7703; this order does not decide its merits.

Plain-English summary

An arbitrator upheld a 30-day suspension of a Portsmouth Naval Shipyard employee, and the union filed exceptions with the Authority. The Authority held that a suspension longer than 14 days was an adverse action covered by the separate review route in 5 U.S.C. § 7121(f). It therefore lacked jurisdiction to review the award under its arbitration exceptions process and dismissed the union's exceptions. The decision identifies review under 5 U.S.C. § 7703 for the underlying adverse action.

Decision snapshot

• Authority: 5 U.S.C. § 7121(f), 5 U.S.C. § 7122(a), 5 U.S.C. § 7703.
• Outcome: Union exceptions dismissed for lack of FLRA jurisdiction over the 30-day suspension award.
• Key point: An award concerning a suspension longer than 14 days follows the adverse-action review route, not FLRA exceptions review.

Full text (FLRA public release)

[ v22 p701 ]

22:0701(78)AR

The decision of the Authority follows:

22 FLRA No. 78

PORTSMOUTH NAVAL SHIPYARD
Activity

and

FEDERAL EMPLOYEES METAL TRADES
COUNCIL, AFL-CIO
Union

Case No. 0-AR-1157

ORDER DISMISSING EXCEPTIONS

I. STATEMENT OF THE CASE

This matter is before the Authority on exceptions to the award of Arbitrator Tim Bornstein filed by 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 his award the Arbitrator found that the 30-day suspension of the grievant was for just cause and denied the grievance.

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 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 a suspension for more than 14 days. 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. American Federation of Government Employees, Local 1857 and Sacramento Air Logistics Center, McClellan Air Force Base, 21 FLRA No. 41 (1986).

Because the Arbitrator's award relates to a matter covered by section 7512, 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, the Union's exceptions are dismissed.

Issued, Washington, D.C., July 24, 1986.
/s/ Jerry L. Calhoun, Chairman
/s/ Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY