Warner Robins Air Logistics Center, Robins Air Force Base and American Federation of Government Employees, Local 987 (Authority decision, January 29, 1987)

Final FLRA decision. The Authority dismisses exceptions to an arbitration award concerning an employee removal because it lacks jurisdiction under 5 U.S.C. § 7122(a). Review of an award involving a matter described in 5 U.S.C. § 7121(f) follows the same route and conditions as review of a Merit Systems Protection Board decision.

Plain-English summary

An arbitrator found just cause for a Robins Air Force Base employee's removal and denied the grievance. AFGE Local 987 filed exceptions with the Authority. The Authority held that the removal was an adverse action covered by 5 U.S.C. § 7512, so the award fell outside its arbitration exception jurisdiction. It dismissed the exceptions without reviewing the arbitrator's just cause finding.

Decision snapshot

• Authority: Arbitration review exclusion for adverse actions under 5 U.S.C. §§ 7121(f) and 7122(a).
• Outcome: Union exceptions dismissed for lack of jurisdiction.
• Key point: The Authority could not review this removal award through its ordinary arbitration exception process.

Full text (FLRA public release)

[ v25 p364 ]
25:0364(25)AR

The decision of the Authority follows:

25 FLRA NO. 25

WARNER ROBINS AIR LOGISTICS CENTER
ROBINS AIR FORCE BASE, GEORGIA

Activity

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 987

Union

Case No. 0-AR-1251

ORDER DISMISSING EXCEPTIONS

I. STATEMENT OF THE CASE

This matter is before the Authority on exceptions to the award of Arbitrator Walter G. Seinsheimer 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, an individual in the competitive service not serving a probationary period, was for just cause. The Arbitrator denied the grievance.

III. ANALYSIS AND CONCLUSIONS

We find that we are 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 the this title). [ v25 p364 ]

As relevant to this case, the matters described in section 7121(f) of the Statute include adverse actions under 5 U.S.C. 7512, such as removal actions. Review of an arbitration award relating to such matters must be obtained in the same manner and under the same conditions as if tile 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, we are without jurisdiction to review the exceptions.

IV. DECISION

Accordingly, the Union's exceptions are dismissed.

Issued, Washington, D.C. January 29, 1987.

Jerry L. Calhoun, Chairman

Henry B. Frazier III, Member

Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY [ v25 p365 ]