U.S. Department of Defense, Army and Air Force Exchange Service, Dan Daniels Distribution Center and National Association of Government Employees (Authority decision, September 13, 1991)

Final FLRA decision. This order dismisses exceptions to an arbitration award because 5 U.S.C. §§ 7121(f) and 7122(a) place the underlying adverse action outside the Authority's exceptions jurisdiction. It does not decide the suspension. Judicial review under 5 U.S.C. § 7123(a) generally does not extend to Authority orders involving arbitral awards unless an order involves an unfair labor practice under 5 U.S.C. § 7116.

Plain-English summary

The Army and Air Force Exchange Service challenged an arbitration award involving a nonappropriated fund employee's suspension of more than 14 days. The Authority held that such an adverse action fell within the personnel matters described in 5 U.S.C. § 7121(f). Section 7122(a) bars Authority exceptions to arbitration awards involving those matters. It dismissed the agency's exceptions for lack of jurisdiction and did not decide the suspension dispute.

Decision snapshot

• Authority: Arbitration exceptions jurisdiction under 5 U.S.C. §§ 7121(f) and 7122(a).
• Outcome: Agency exceptions dismissed for lack of Authority jurisdiction; suspension merits unresolved.
• Key point: A suspension exceeding 14 days under this personnel system was outside the Authority's arbitration exceptions jurisdiction.

Full text (FLRA public release)

[ v42 p175 ]
42:0175(12)AR

The decision of the Authority follows:

42 FLRA No. 12

FEDERAL LABOR RELATIONS AUTHORITY
WASHINGTON, D.C.

U.S. DEPARTMENT OF DEFENSE
ARMY AND AIR FORCE EXCHANGE SERVICE
DAN DANIELS DISTRIBUTION CENTER
NEWPORT NEWS, VIRGINIA
(Agency)

and

NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES
(Union)

0-AR-2167

ORDER DISMISSING EXCEPTIONS

September 13, 1991

The Agency has filed exceptions to the award of Arbitrator William G. Haemmel in the above-captioned case. The Union has filed an opposition to the Agency's exceptions. For the reasons set out below, the Agency's exceptions must be dismissed.

Section 7122(a) of the Labor-Management Relations Statute (the Statute) provides, in pertinent part:

Either party to arbitration under [the Statute] 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 Statute]).

The matters described in section 7121(f) of the Statute include adverse actions, such as suspensions for more than 14 days, under 5 U.S.C. § 7512 as well as similar actions which arise under "other personnel systems." In Army and Air Force Exchange Service and American Federation of Government Employees, Region Council 236, 33 FLRA 815, 817-18 (1988), the Authority determined that nonappropriated fund (NAF) employees are not covered by section 5 U.S.C.§ 7512 but, instead, are covered under another personnel system, within the meaning of section 7121(f) of the Statute. See National Association of Government Employees, Local R5-169 and U.S. Department of the Army, Army and Air Force Exchange Service, Fort Polk, Louisiana, 36 FLRA 348 (1990).

The Arbitrator's award relates to the suspension of a NAF employee for more than 14 days, a matter described in 5 U.S.C. § 7121(f) of the Statute.

Accordingly, as the Authority is without jurisdiction in the above- captioned case under section 7122(a) of the Statute, the Agency's exceptions are dismissed.

For the Authority.

Alicia N. Columna
Director, Case Control Office