Mare Island Naval Shipyard and Federal Employees Metal Trades Council (Authority decision, October 30, 1987)

Final FLRA decision. The Authority dismisses the union's exceptions to an arbitration award concerning a removal reduced to a suspension of more than 14 days. Under 5 U.S.C. §§ 7121(f) and 7122(a), this adverse-action award falls outside the Authority's exceptions jurisdiction. The order ends the matter before the Authority without deciding the merits of the union's challenges.

Plain-English summary

Mare Island Naval Shipyard removed an employee for absence without leave. An arbitrator found removal too severe, ordered reinstatement, and denied backpay and benefits for the period away from work. The union challenged the award, arguing that the arbitrator had mishandled rules concerning injury-related absences and discipline. The Authority did not reach those arguments. Because the award involved a removal reduced to a suspension of more than 14 days, the Authority lacked jurisdiction to review the exceptions and dismissed them.

Decision snapshot

• Authority: Exclusion for serious adverse-action awards under 5 U.S.C. §§ 7121(f) and 7122(a).
• Outcome: Union exceptions dismissed for lack of Authority jurisdiction.
• Key point: The Authority could not review exceptions to an award involving a removal reduced to a suspension longer than 14 days.

Full text (FLRA public release)

[ v29 p1357 ]
29:1357(113)AR

The decision of the Authority follows:

29 FLRA No. 113

MARE ISLAND NAVAL SHIPYARD

Activity

and

FEDERAL EMPLOYEES METAL TRADES COUNCIL

Union

Case No. 0-AR-1428

ORDER DISMISSING EXCEPTIONS

I. Statement of the Case

This matter is before the Authority on exceptions to the award of Arbitrator William W. Ward 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.

II. Background and Arbitrator's Award

The grievant was removed from his position for being absent without leave. He filed a grievance which was submitted to arbitration on the issue of whether the removal was for just cause. Before the Arbitrator, the grievant contended that his absence was the result of an on-the-job injury and was therefore authorized.

The Arbitrator determined that while the record established that the grievant was absent without leave, there was not just cause for removing him. Rather, he found that, based on the length of the grievant's employment and his lack of prior discipline, a suspension would have been a more appropriate penalty. As his award, the Arbitrator ordered the Activity to reinstate the grievant in his former position, but with no backpay or benefits from the time he last worked until the time of reinstatement.

In its exceptions, the Union alleges essentially that the Arbitrator failed to follow applicable decisions of the Merit Systems Protection Board concerning unauthorized leave by employees with injuries compensable under workmen's compensation, and that he failed to apply the requirements for discipline and suspensions contained in the negotiated agreement and the Federal Personnel Manual.

III. Discussion

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 this title).

The matters described in section 7121(f) of the Statute include adverse actions under 5 U.S.C. 7512, such as removals and suspensions for more than 14 days.

The Arbitrator's award relates to a matter covered by section 7512, namely, the removal of the grievant which was reduced by the Arbitrator to a suspension for more than 14 days. Under section 7122(a) of the Statute, exceptions to this award may not be filed with the Authority because the award relates to a matter described in section 7121(f). See, for example, U.S. Army Armament Research, Development and Engineering Center (ARDEC), Dover, New Jersey and National Federation of Federal Employees (NFFE), Local 1437, 24 FLRA 837 (1986) (dismissing exceptions to an arbitrator's award concerning the interpretation and application of a settlement agreement under which the grievant's removal was changed to a suspension of approximately 6 months). Consequently, we are without jurisdiction to review the exceptions.

IV. Order

The Union's exceptions are dismissed.

Issued, Washington, D.C., October 30, 1987.

Jerry L. Calhoun, Chairman

Henry B. Frazier III, Member

Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY