Veterans Administration Medical Center, Kansas City, Missouri and AFGE (Authority decision, August 29, 1986)

Final FLRA decision. The Authority dismisses the union's exceptions for lack of jurisdiction. The underlying arbitration award concerns an employee removal, a matter covered by 5 U.S.C. § 7121(f). Review of that award follows the route for Merit Systems Protection Board matters rather than FLRA exceptions under 5 U.S.C. § 7122(a).

Plain-English summary

An arbitrator found that the Kansas City VA Medical Center had unjustifiably removed an employee and ordered reinstatement without back pay. AFGE filed exceptions to the award with the Authority. The Authority held that it could not review the exceptions because a removal is an adverse action covered by 5 U.S.C. § 7121(f). The union's exceptions were dismissed without a ruling on the back pay issue. The decision says review of the award must follow the route used for comparable Merit Systems Protection Board cases.

Decision snapshot

• Authority: Arbitration review limits under 5 U.S.C. §§ 7121(f) and 7122(a).
• Outcome: Exceptions dismissed for lack of jurisdiction; the Authority did not address the award's merits.
• Key point: Removal awards covered by § 7121(f) are outside the Authority's exceptions jurisdiction.

Full text (FLRA public release)

[ v23 p323 ]

23:0323(40)AR

The decision of the Authority follows:

23 FLRA No. 40

VETERANS ADMINISTRATION MEDICAL CENTER
KANSAS CITY, MISSOURI
Activity

and

AMERICAN FEDERATION of GOVERNMENT
EMPLOYEES
Union

Case No. 0-AR-1180

ORDER DISMISSING EXCEPTIONS

I. STATEMENT OF THE CASE

This matter is before the Authority on exceptions to the award of Arbitrator Solbert M. Wasserstrom 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 removal of the grievant was not justified and sustained the grievance. He order the grievant reinstated without backpay.

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 a removal. Review of an arbitration award relating to such matters must be obtained 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 related 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 this reasons, the Union's exceptions are dismissed.

Issued, Washington, D.C., August 29, 1986.

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