The Bronx Veterans Administration Medical Center (Activity) and Local 1168, American Federation of Government Employees, AFL-CIO (Union) (Authority decision, February 19, 1982)

Final FLRA decision. The Authority dismissed exceptions to an arbitral award. Under 5 U.S.C. § 7123(a)(1), an order involving an arbitral award is generally excluded from judicial review unless it involves an unfair labor practice under 5 U.S.C. § 7116; this decision does not decide one. The decision identifies 5 U.S.C. § 7703 as the separate review route for removal awards.

Plain-English summary

A union challenged a Bronx VA medical center arbitration award relating to an employee’s removal. The Authority held that a removal award falls within the statutory class excluded from its review of arbitration exceptions. It dismissed the exception for lack of jurisdiction and identified the separate judicial-review route under 5 U.S.C. § 7703.

Decision snapshot

• Authority: 5 U.S.C. § 7121(f), 5 U.S.C. § 7122(a), 5 U.S.C. § 7512, 5 U.S.C. § 7703.
• Outcome: The exception was dismissed for lack of jurisdiction.
• Key point: The Authority could not review an award involving removal.

Full text (FLRA public release)

[ v08 p154 ]

08:0154(31)AR

The decision of the Authority follows:

8 FLRA No. 31

THE BRONX VETERANS
ADMINISTRATION MEDICAL CENTER
(Activity)

and

LOCAL 1168, AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES, AFL-CIO
(Union)

Case No. 0-AR-247

ORDER DISMISSING EXCEPTION

THIS MATTER IS BEFORE THE AUTHORITY ON AN EXCEPTION TO THE AWARD OF
ARBITRATOR BRUNO STEIN FILED BY THE UNION PURSUANT TO SECTION 7122(A) OF
THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C.
7122(A)). FOR THE REASON SET FORTH BELOW, THE UNION'S EXCEPTION MUST BE
DISMISSED.

SECTION 7122(A) OF THE STATUTE PROVIDES, IN RELEVANT PART:

EITHER PARTY TO ARBITRATION UNDER THIS 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) ARE THOSE COVERED UNDER 5
U.S.C. 4303AND 7512. SECTION 7512, THE SECTION APPLICABLE IN THE INSTANT
CASE, COVERS SPECIFIC ADVERSE ACTIONS, INCLUDING REMOVALS. PURSUANT TO
SECTION 7121(F), REVIEW OF AN ARBITRATION AWARD RELATING TO SUCH MATTERS
MUST BE OBTAINED IN THE SAME MANNER AND UNDER THE SAME CONDITIONS AS
REVIEW OF A FINAL DECISION OF THE MERIT SYSTEMS PROTECTION BOARD
PURSUANT TO 5 U.S.C. 7703. (5 U.S.C. 7703 PROVIDES FOR JUDICIAL REVIEW
OF MSPB DECISIONS.)

IT APPEARS THAT THE ARBITRATOR'S AWARD IN THIS CASE RELATES TO A
MATTER COVERED BY 5 U.S.C. 7512, I.E., A REMOVAL ACTION. THEREFORE, THE
AWARD IS "AN AWARD RELATING TO A MATTER DESCRIBED IN SECTION 7121(F)"
AND IS THUS NOT SUBJECT TO REVIEW BY THE AUTHORITY UNDER 5 U.S.C.
7122(A). THEREFORE, THE UNION'S EXCEPTION MUST BE DISMISSED BY THE
AUTHORITY FOR LACK OF JURISDICTION.

ACCORDINGLY, IT IS HEREBY ORDERED THAT THE UNION'S EXCEPTION BE, AND
IT HEREBY IS, DISMISSED. FOR THE AUTHORITY.

ISSUED, WASHINGTON, D.C., FEBRUARY 19, 1982

JAMES J. SHEPARD, EXECUTIVE DIRECTOR