Internal Revenue Service, Louisville District and National Treasury Employees Union (Authority decision, November 26, 1986)

Final FLRA decision. The Authority dismisses the union's arbitration exceptions for lack of jurisdiction because the award concerns a suspension originally imposed for more than 14 days. Under 5 U.S.C. §§ 7121(f) and 7122(a), review of such an award follows 5 U.S.C. § 7703 as it would for a Merit Systems Protection Board decision, rather than an exception before the Authority.

Plain-English summary

An IRS Louisville employee was suspended for 30 days for insubordination. An arbitrator upheld the discipline but reduced the penalty to 14 days, and NTEU filed exceptions with the Authority. The Authority held that the award still related to an adverse action covered by 5 U.S.C. § 7512 because the original suspension exceeded 14 days. That placed review outside the Authority's arbitration exception jurisdiction. It dismissed the exceptions without deciding their merits.

Decision snapshot

• Authority: Review exclusion for covered adverse actions under 5 U.S.C. §§ 7121(f), 7122(a), and 7512.
• Outcome: Union exceptions dismissed for lack of jurisdiction.
• Key point: Reducing a 30-day suspension to 14 days did not move the related award into the Authority's exception jurisdiction.

Full text (FLRA public release)

[ v24 p272 ]

24:0272(32)AR

The decision of the Authority follows:

24 FLRA No. 32

INTERNAL REVENUE SERVICE
LOUISVILLE DISTRICT
Activity

and

NATIONAL TREASURY EMPLOYEES UNION
Union

Case No. 0-AR-1232

ORDER DISMISSING EXCEPTIONS

I. STATEMENT OF THE CASE

This matter is before the Authority on exceptions to the award of Arbitrator W. Scott Thomson 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 grievant was properly disciplined for insubordination but that the penalty imposed, a suspension for 30 calendar days, was excessive. As his award, he reduced the 30-day suspension to 14 calendar days.

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 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 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, that is, 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 (a suspension of the grievant for 30 days), 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. November 26, 1986. Jerry L. Calhoun, Chairman Henry B. Frazier III, Member Jean McKee, Member FEDERAL LABOR RELATIONS AUTHORITY