Fort Hood Exchange and AFGE Local 1920 (Authority decision, December 18, 1981)

Final FLRA decision. The Authority dismissed arbitration exceptions on procedural grounds. The order concerns an arbitral award under 5 U.S.C. § 7122; 5 U.S.C. § 7123(a) generally excludes such orders from ordinary judicial review unless an unfair labor practice is involved.

Plain-English summary

A union sought Authority review of an arbitrator's refusal to overturn an employee's removal at the Fort Hood Exchange. The Authority held that removals are covered by the adverse-action provisions referenced in section 7121(f), so section 7122(a) did not permit exceptions to the Authority. It dismissed the exceptions without deciding whether the removal award was correct. The decision pointed to judicial review under section 7703 for this type of matter.

Decision snapshot

• Authority: 5 U.S.C. § 7121(f), 5 U.S.C. § 7122(a).
• Outcome: Union exceptions dismissed for lack of Authority jurisdiction.
• Key point: A removal-related arbitration award followed the adverse-action review route.

Full text (FLRA public release)

[ v07 p396 ]

07:0396(57)AR

The decision of the Authority follows:

7 FLRA No. 57

ARMY AND AIR FORCE EXCHANGE
SERVICE, FORT HOOD EXCHANGE
(Activity)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 1920
(Union)

Case no.0-AR-300

ORDER DISMISSING EXCEPTIONS

THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE ARBITRATION
AWARD OF ARBITRATOR DAVID H. BROWN FILED BY THE UNION UNDER SECTION
7122(A) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5
U.S.C. 7101 ET SEQ.). FOR THE REASONS STATED BELOW, THE AUTHORITY IS
WITHOUT JURISDICTION TO REVIEW THE SUBJECT EXCEPTIONS AND THEY
ACCORDINGLY MUST BE DISMISSED.

SECTION 7122(A) 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. 4303 AND 7512. SECTION 7512, THE SECTION APPLICABLE IN THE
INSTANT CASE, COVERS SPECIFIC ADVERSE ACTIONS, INCLUDING REMOVALS.
REVIEW OF AN ARBITRATION AWARD RELATING TO MATTERS LISTED UNDER SECTION
7512 MUST BE OBTAINED IN THE SAME MANNER AND UNDER THE SAME CONDITIONS
AS JUDICIAL REVIEW OF A FINAL DECISION OF THE MERIT SYSTEMS PROTECTION
BOARD PURSUANT TO 5 U.S.C. 7703.

BECAUSE THE SUBJECT EXCEPTIONS PERTAIN TO THE ARBITRATOR'S REFUSAL TO
OVERTURN THE GRIEVANT'S REMOVAL, THE AWARD RELATES TO A MATTER COVERED
BY 5 U.S.C. 7512 AND THEREFORE IS AN AWARD TO WHICH EXCEPTIONS MAY NOT
BE FILED WITH THE AUTHORITY UNDER SECTION 7122(A) OF THE STATUTE AND
SECTION 2425.3(B)(2) OF THE AUTHORITY'S RULES AND REGULATIONS (5 C.F.R.
2425.3(B)(2)(1981). RATHER, THE GRIEVANT MUST SEEK JUDICIAL REVIEW
PURSUANT TO 5 U.S.C. 7703. CONSEQUENTLY, THE AUTHORITY HAS NO BASIS ON
WHICH TO REVIEW THE ARBITRATION AWARD. SEE DEPARTMENT OF THE ARMY, U.S.
ARMY TRAINING ENGINEER AND FORT LEONARD WOOD AND NATIONAL ASSOCIATION OF
GOVERNMENT EMPLOYEES, LOCAL R14-32, 6 FLRA NO. 4 (JUNE 2, 1981).

ACCORDINGLY, AND APART FROM OTHER CONSIDERATIONS, IT IS HEREBY
ORDERED THAT THE UNION'S EXCEPTIONS HEREIN BE, AND THEY HEREBY ARE,
DISMISSED.

FOR THE AUTHORITY.

ISSUED, WASHINGTON, D.C., DECEMBER 18, 1981

JAMES J. SHEPARD, EXECUTIVE DIRECTOR