American Federation of Government Employees, Local 2094 (Union) and Veterans Administration Medical Center (Activity) (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 filed exceptions to a VA medical center arbitration award involving an employee’s removal. The Authority held that removal actions are excluded from its arbitration-exception jurisdiction. It dismissed the exceptions and pointed to the separate review route in 5 U.S.C. § 7703. The removal’s merits were not decided.

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 exceptions were dismissed for lack of jurisdiction.
• Key point: Removal awards are reviewed through the separate statutory route.

Full text (FLRA public release)

[ v08 p156 ]

08:0156(32)CU

The decision of the Authority follows:

[Not Certified True Copy]
8 FLRA No. 32

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2094
(Union)

and

VETERANS ADMINISTRATION
MEDICAL CENTER
(Activity)

Case No. 0-AR-254

ORDER DISMISSING EXCEPTIONS

THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
ARBITRATOR JANET MALESON SPENCER FILED BY THE UNION UNDER SECTION
7122(A) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5
U.S.C. 7122(A)). FOR THE REASON SET FORTH BELOW, THE AUTHORITY IS
WITHOUT JURISDICTION TO REVIEW AND THE UNION'S EXCEPTIONS MUST THEREFORE
BE DISMISSED.

SECTION 7122(A) OF THE STATUTE PROVIDES, IN PERTINENT 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).

AS RELEVANT TO THIS CASE, THE MATTERS DESCRIBED IN SECTION 7121(F) OF
THE STATUTE INCLUDE THOSE COVERED UNDER 5 U.S.C. 7512 WHICH, IN TURN,
SETS FORTH SPECIFIED ADVERSE ACTIONS INCLUDING REMOVALS. REVIEW OF AN
ARBITRATION AWARD INVOLVING AN ADVERSE ACTION UNDER 5 U.S.C. 7512 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.)

BECAUSE THE INSTANT ARBITRATION AWARD INVOLVES AN ADVERSE ACTION
COVERED BY 5 U.S.C. 7512, I.E., A REMOVAL ACTION, THE AWARD IS NOT
SUBJECT TO AUTHORITY REVIEW UNDER 5 U.S.C. 7122(A). RATHER, REVIEW OF
THE AWARD MUST BE SOUGHT PURSUANT TO 5 U.S.C. 7703. THE AUTHORITY
THEREFORE DOES NOT HAVE JURISDICTION TO REVIEW THE ARBITRATION AWARD
HERE INVOLVED. (SEE, E.G., ARMY AND AIR FORCE EXCHANGE SERVICE, FORT
HOOD EXCHANGE AND AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO,
LOCAL 1920, 7 FLRA NO. 57 (DECEMBER 18, 1981), AND CASE CITED THEREIN.)

ACCORDINGLY, IT IS ORDERED THAT THE UNION'S EXCEPTIONS IN THIS CASE
BE, AND THEY HEREBY ARE, DISMISSED. FOR THE AUTHORITY.

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

JAMES J. SHEPARD, EXECUTIVE DIRECTOR