Defense Distribution Region Central, Memphis and American Federation of Government Employees, Local 2501 (Authority decision, May 26, 1993)

Final FLRA decision. The Authority dismisses exceptions to an arbitration award involving an employee's removal because it lacks jurisdiction under 5 U.S.C. §§ 7121(f) and 7122(a). Such awards may be reviewed in the Federal Circuit under 5 U.S.C. § 7703. Judicial review of an Authority order involving an arbitration award is generally excluded under 5 U.S.C. § 7123(a)(1) unless the order involves an unfair labor practice under 5 U.S.C. § 7116.

Plain-English summary

An arbitrator denied a union grievance challenging an employee's discharge from the Defense Logistics Agency's Memphis distribution region. AFGE Local 2501 filed exceptions with the Authority. The union showed that its filing was timely, but the Authority could not review the award because it concerned a removal. Federal law places review of arbitration awards involving serious adverse actions in the Federal Circuit rather than before the Authority. The Authority dismissed the exceptions without deciding whether the discharge was justified.

Decision snapshot

• Authority: Review limits for removal awards under 5 U.S.C. §§ 7121(f) and 7122(a).
• Outcome: Union exceptions dismissed for lack of Authority jurisdiction; removal award left undisturbed.
• Key point: Timely exceptions cannot give the Authority jurisdiction over an arbitration award concerning removal.

Full text (FLRA public release)

[ v47 p748 ]
47:0748(69)AR

The decision of the Authority follows:

47 FLRA No. 69

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON D.C.

U.S. DEPARTMENT OF DEFENSE

DEFENSE LOGISTICS AGENCY

DEFENSE DISTRIBUTION REGION CENTRAL

MEMPHIS, TENNESSEE

(Agency)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

LOCAL 2501

(Union)

0-AR-2413

ORDER DISMISSING EXCEPTIONS

May 26, 1993

The Union has filed exceptions to the award of Arbitrator Wanza C. Johnson in the above-captioned case. On April 2, 1993, the Authority issued an Order directing the Union to show cause why its exceptions should not be dismissed because the Authority is without jurisdiction to review exceptions to an award relating to the removal of the grievant from a position in the Federal Service, and because the exceptions were not timely filed. The Union and the Agency filed timely responses to the Authority's Order. The Union has provided sufficient documentation to show that its exceptions were timely filed. However, 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 serious adverse actions covered under 5 U.S.C. § 7512, such as removals, or suspensions for more than 14 days. 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 denied the Union's grievance over the discharge of the grievant. As the Arbitrator's award in the above-captioned case 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 exceptions.

Accordingly, the Union's exceptions are dismissed.

For the Authority.

______
Alicia N. Columna
Director, Case
Control Office

FOOTNOTES:
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have footnotes.)