U.S. Department of Veterans Affairs Medical Center, Newington, Connecticut and National Association of Government Employees, Local R1-109 (Authority decision, November 20, 1992)

Final FLRA decision. This is a final order dismissing exceptions to an arbitration award because the Authority lacks jurisdiction under 5 U.S.C. § 7122(a). The underlying award concerns a removal covered by 5 U.S.C. §§ 7121(f) and 7512. The decision states that review of awards relating to those matters may be sought in the U.S. Court of Appeals for the Federal Circuit under 5 U.S.C. § 7703.

Plain-English summary

A union at the Newington VA Medical Center challenged an arbitrator's attorney fee award. The fee ruling supplemented an earlier arbitration award concerning an employee's removal. The Authority explained that it cannot review arbitration awards about removals covered by 5 U.S.C. § 7512, and that a related fee award is not separate from the underlying removal case. It dismissed the union's exceptions for lack of jurisdiction without deciding the fee dispute.

Decision snapshot

• Authority: Arbitration review limits under 5 U.S.C. §§ 7122(a) and 7121(f).
• Outcome: Union exceptions dismissed for lack of Authority jurisdiction.
• Key point: An attorney fee award tied to an employee removal follows the removal case's review route.

Full text (FLRA public release)

[ v46 p607 ]
46:0607(58)AR

The decision of the Authority follows:

46 FLRA No. 58

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF VETERANS AFFAIRS

MEDICAL CENTER

NEWINGTON, CONNECTICUT

(Agency)

and

NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES

LOCAL R1-109

(Union)

0-AR-2352

ORDER DISMISSING EXCEPTIONS

November 20, 1992

The Union has filed exceptions to the award of Arbitrator James E. Cooper in the above-captioned case. The Agency has filed an opposition to the Union's exceptions. For the following reasons, the Union's exceptions must be dismissed.

Section 7122(a) of the Federal Service 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 covered under 5 U.S.C. 7512, such as removals. Review of arbitration awards relating to such matters, like review of decisions of the Merits Systems Protection Board, may be sought by appeal to the U.S. Court of Appeals for the Federal Circuit in accordance with 5 U.S.C. 7703. The Authority is without jurisdiction to review such awards. See American Federation of Government Employees, Council 236 and General Services Administration, Region 9, 39 FLRA 896 (1991).

The Arbitrator's award of attorney fees relates to an earlier award on the removal of the grievant under 5 U.S.C. 7512. An award resolving a request for attorney fees supplementing an arbitrator's earlier award relating to a matter described in section 7121(f) is not separate and distinct from the earlier award. See Veterans Administration and American Federation of Government Employees, Local 2610, 33 FLRA 347 (1988). The award resolving a request for attorney fees relates to the matter described in section 7121(f) and, therefore, is an award over which the Authority has no jurisdiction. See, for example, American Federation of Government Employees, Local 1547 and U.S. Department of the Air Force, Luke Air Force Base, Arizona, 34 FLRA 47 (1990).

As the Arbitrator's award on attorney fees relates to the removal of the grievant, a matter which is covered under 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. Therefore, the Authority is without jurisdiction to review the Union's exception.

Accordingly, the Union's exception is dismissed.

For the Authority.

_______
Alicia N. Columna
Director, Case
Control Office

FOOTNOTES:
(If blank, the decision does not
have footnotes.)