U.S. Department of Transportation, Federal Aviation Administration, Eastern Region and Professional Airways Systems Specialists, MEBA (Authority decision, July 31, 1987)

Final FLRA decision. The Authority dismisses the union's exception to a supplemental arbitration award denying attorney fees because the underlying employee removal falls within 5 U.S.C. § 7121(f). The Authority says review of an award relating to that matter follows 5 U.S.C. § 7703, as it would for a Merit Systems Protection Board decision, rather than an exception under § 7122(a).

Plain-English summary

An arbitrator overturned an FAA employee's removal and ordered reinstatement with backpay, then denied the union's request for attorney fees in a supplemental award. The union filed an exception to the fee ruling with the Authority. The Authority held that the supplemental award related to a removal action covered by 5 U.S.C. § 7512. Such an award is excluded from its arbitration exception jurisdiction, so it dismissed the exception without deciding the fee issue.

Decision snapshot

• Authority: Arbitration exception exclusion under 5 U.S.C. §§ 7121(f) and 7122(a).
• Outcome: Union exception dismissed for lack of Authority jurisdiction; fee merits unresolved here.
• Key point: A supplemental attorney fee ruling tied to a covered removal follows the adverse action review route.

Full text (FLRA public release)

[ v28 p345 ]
28:0345(52)AR

The decision of the Authority follows:

28 FLRA NO. 52

U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
EASTERN REGION

Agency

and

PROFESSIONAL AIRWAYS SYSTEMS
SPECIALISTS, MEBA, AFL-CIO

Union

Case No. 0-AR-1362

ORDER DISMISSING EXCEPTION

This case is before the Authority on an exception to the supplemental award of Arbitrator Clair V. Duff filed by the Union under section 7122(a) of the Federal Service Labor - Management Relations Statute (the Statute) and part 2425 of the Authority's Rules and Regulations. For the reasons stated below, the Authority is without jurisdiction to review the Union's exception and it must be dismissed.

In this case, the Arbitrator found that the grievant's removal for alleged insubordination violated the parties' collective bargaining agreement. In his award, the Arbitrator rescinded the removal and directed the Agency to reinstate the grievant with backpay. The Arbitrator subsequently issued a supplemental award denying the Union's request for attorney fees. The Union then filed the instant exception to the supplemental award.

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. 7512. Review of an arbitration award relating to such matters must be obtained in accordance with 5 U.S.C. 7703, that is, in the same manner and under the same conditions as if the matter had been decided by the Merit Systems Protection Board.

Since the Arbitrator's supplemental award relates to a matter covered by 5 U.S.C. 7512, that is, the removal of the grievant, an exception to the award may not be filed with the Authority under section 7122(a) of the Statute. Consequently, the Authority is without jurisdiction to review the Union's exception. Veterans Administration Medical Center, Hines, Illinois and Illinois Nurses Association, Hines Local Unit, 20 FLRA 510 (1985).

Accordingly, the Union's exception is dismissed.

Issued, Washington, D.C., July 31, 1987.

Jerry L. Calhoun, Chairman

Henry B. Frazier III, Member

Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY