Overseas Education Association and U.S. Department of Defense, Dependents Schools (Authority decision, January 8, 1993)

Final FLRA decision. The Authority dismisses an exception to an arbitration award concerning attorney fees tied to an employee removal. Under 5 U.S.C. §§ 7121(f) and 7122(a), the Authority lacks jurisdiction over this category of award. The decision identifies the U.S. Court of Appeals for the Federal Circuit as the review forum under 5 U.S.C. § 7703.

Plain-English summary

An arbitrator denied attorney fees in a case arising from an employee's removal at Defense Dependents Schools. The Overseas Education Association filed an exception to the fee award with the Authority. The Authority held that the fee ruling was part of the earlier removal case, a type of adverse action that it cannot review through arbitration exceptions. It dismissed the union's exception without deciding whether fees should have been awarded.

Decision snapshot

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

Full text (FLRA public release)

[ v46 p1145 ]
46:1145(104)AR

The decision of the Authority follows:

46 FLRA No. 104

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

OVERSEAS EDUCATION ASSOCIATION

(Union)

and

U.S. DEPARTMENT OF DEFENSE

DEPENDENTS SCHOOLS

(Agency)

0-AR-2388

ORDER DISMISSING EXCEPTIONS

January 8, 1993

The Union has filed an exception to the award of Arbitrator Eric Lawson, Jr. in the above-captioned case. For the following reasons, the Union's exception 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 denying 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:
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have footnotes.)