U.S. Army Missile Command, Redstone Arsenal and American Federation of Government Employees, Local 1858 (Authority decision, March 3, 1988)

Final FLRA decision. The Authority dismisses the union's exceptions for lack of jurisdiction because the arbitration award concerns an employee removal under 5 U.S.C. §§ 7121(f) and 7512. Review of that award may be sought in the U.S. Court of Appeals for the Federal Circuit under 5 U.S.C. § 7703. The Authority does not review the merits of the removal.

Plain-English summary

An arbitrator denied a grievance and upheld the removal of an Army Missile Command employee from federal service. AFGE Local 1858 filed exceptions to the award. The Authority held that it could not review an arbitration award concerning an employee removal because the matter falls under 5 U.S.C. § 7121(f). It dismissed the exceptions without deciding whether the removal was justified.

Decision snapshot

• Authority: Removal award review limits under 5 U.S.C. §§ 7121(f), 7122(a), and 7512.
• Outcome: Union exceptions dismissed for lack of Authority jurisdiction.
• Key point: Review of an arbitration award concerning removal belongs in the Federal Circuit, not in an FLRA exceptions proceeding.

Full text (FLRA public release)

[ v31 p715 ]

31:0715(45)AR

The decision of the Authority follows:

31 FLRA NO. 45
31 FLRA 715

03 MAR 1988

U.S. ARMY MISSILE COMMAND
REDSTONE ARSENAL

Activity

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1858

Union

Case No. 0-AR-1478

ORDER DISMISSING EXCEPTIONS

I. Statement of the Case This matter is before the Authority on exceptions to the award of Arbitrator J. Ralph Beaird. The Arbitrator denied the grievance and sustained the removal of the grievant from the Federal service. The exceptions were 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.

The Arbitrator's award relates to the grievant's removal. Therefore, we are without jurisdiction to resolve the exceptions to the award. Accordingly, we will dismiss the Union's exceptions.

II. Discussion

Section 7122(a) of the Statute provides:

Either party to arbitration under the 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 serious adverse actions (such as removals) covered by 5 U.S.C. 7512. [PAGE]

The Arbitrator's award relates to the removal of the grievant, which is a matter covered by 5 U.S.C. 7512 and described in section 7121(f). Exceptions to the award may not be filed with the Authority under section 7122(a) of the Statute and must be dismissed for lack of jurisdiction. For example, International Organization of Masters, Mates, and Pilots, ILA, AFL - CIO, Panama Canal Branch and Panama Canal Commission, 30 FLRA 646 (1987). Review of the Arbitrator's award, like review of decisions of the Merit Systems Protection Board, must be by appeal to the U.S. Court of Appeals for the Federal circuit in accordance with 5 U.S.C. 7703.

III. Order

The Union's exceptions are dismissed.

Issued, Washington, D.C., March 3, 1988.

Jerry L. Calhoun, Chairman

Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY