American Federation of Government Employees, Local 2836 and U.S. Department of Veterans Affairs, Sam Rayburn Memorial Veterans Center, Bonham, Texas (Authority decision, January 31, 1994)

Final FLRA decision. This order ends the Authority exceptions proceeding. The award concerns a federal employee's removal, a matter covered by 5 U.S.C. § 7121(f). The Authority cannot review exceptions to that award under 5 U.S.C. § 7122(a). Section 7121(f) instead applies the judicial-review provisions of 5 U.S.C. § 7703 to the arbitration award.

Plain-English summary

The union challenged an arbitration award that denied a grievance over an employee's removal from the Sam Rayburn Memorial Veterans Center. The Authority asked the union to explain why the case fell within its jurisdiction. The union corrected filing deficiencies but did not address the jurisdictional issue. The Authority held that removal is a serious adverse action covered by 5 U.S.C. § 7121(f), so exceptions to an arbitration award about it cannot be filed with the Authority. It dismissed the union's exceptions without reviewing the merits of the discharge.

Decision snapshot

• Authority: Arbitration jurisdiction under 5 U.S.C. §§ 7121(f) and 7122(a); employee removal under § 7512.
• Outcome: Union's exceptions dismissed for lack of Authority jurisdiction.
• Key point: A removal-award challenge follows the review route for serious adverse actions, not the ordinary FLRA arbitration-exceptions route.

Full text (FLRA public release)

[ v48 p1432 ]
48:1432(153)AR

The decision of the Authority follows:

48 FLRA No. 153

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

LOCAL 2836

(Union)

and

U.S. DEPARTMENT OF VETERANS AFFAIRS

SAM RAYBURN MEMORIAL VETERANS CENTER

BONHAM, TEXAS

(Agency)

0-AR-2570

ORDER DISMISSING EXCEPTIONS

January 31, 1994

The Union has filed exceptions to the award of Arbitrator Paula Ann Hughes in the above-captioned case. On January 7, 1994, 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. The Union filed two timely responses to the Authority's Order, that corrected deficiencies, but did not respond to the jurisdictional issue. 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. See, for example, American Federation of Government Employees, Local 2094 and U.S. Department of Veterans Affairs, Manhattan Medical Center, 44 FLRA 1192 (1993). 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, for example, U.S. Department of Defense, Defense Logistics Agency, Defense Distribution Region Central, Memphis, Tennessee and American Federation of Government Employees, Local 2501, 47 FLRA 572 (1993).

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) of the Statute, 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.)