Department of the Air Force (Activity) and American Federation of Government Employees, Local 1668, AFL-CIO (Union) (Authority decision, March 11, 1982)

Final FLRA decision. The Authority resolved 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 points to the separate judicial-review route in 5 U.S.C. § 7703 for removal awards.

Plain-English summary

Exceptions to an Air Force arbitration award concerned an employee’s removal. The Authority held that removal matters covered by 5 U.S.C. § 7512 are excluded from its arbitration-exception jurisdiction. It dismissed the exceptions and explained that review of the arbitrator’s award could be sought under the judicial-review route in § 7703. It did not decide the removal’s merits.

Decision snapshot

• Authority: 5 U.S.C. § 7121(f), 5 U.S.C. § 7122(a), 5 U.S.C. § 7123(a)(1), 5 U.S.C. § 7512, 5 U.S.C. § 7703.
• Outcome: The exceptions were dismissed for lack of Authority jurisdiction.
• Key point: Removal awards use the separate statutory review route described in § 7703.

Full text (FLRA public release)

[ v08 p204 ]

08:0204(41)AR

The decision of the Authority follows:

8 FLRA No. 41

DEPARTMENT OF THE AIR FORCE
(Activity)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1668, AFL-CIO
(Union)

Case No. 0-AR-349

ORDER DISMISSING EXCEPTIONS

THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO AN ARBITRATION
AWARD FILED ON BEHALF OF THE GRIEVANT PURSUANT TO SECTION 7122(A) OF THE
FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C. 7122(A)).
FOR THE REASONS THAT FOLLOW, THE AUTHORITY IS WITHOUT JURISDICTION TO
REVIEW THE EXCEPTIONS AND THE EXCEPTIONS THEREFORE MUST BE DISMISSED.

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

EITHER PARTY TO ARBITRATION UNDER THIS CHAPTER MAY FILED 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,
APPLIES TO SPECIFIED ADVERSE ACTIONS INCLUDING REMOVALS. REVIEW OF AN
ARBITRATION AWARD RELATING TO SUCH MATTERS MUST BE OBTAINED IN
ACCORDANCE WITH 5 U.S.C. 7703, I.E., IN THE SAME MANNER AND UNDER THE
SAME CONDITIONS AS IF THE MATTER INVOLVED HAD BEEN DECIDED BY THE MERIT
SYSTEMS PROTECTION BOARD. (5 U.S.C. 7703 PROVIDES FOR JUDICIAL REVIEW
OF FINAL DECISIONS OF THE MSPB.)

SINCE THE ARBITRATOR'S AWARD RELATES TO A MATTER COVERED BY 5 U.S.C.
7512, I.E., THE REMOVAL OF THE GRIEVANT, UNDER SECTION 7122(A) OF THE
STATUTE, EXCEPTIONS TO THE AWARD MAY NOT BE FILED WITH THE AUTHORITY.
CONSEQUENTLY, THE AUTHORITY IS WITHOUT JURISDICTION TO REVIEW THE
EXCEPTIONS. RATHER, THE GRIEVANT MAY SEEK JUDICIAL REVIEW OF THE
ARBITRATOR'S AWARD PURSUANT TO 5 U.S.C. 7703.

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

FOR THE AUTHORITY.

ISSUED, WASHINGTON, D.C., MARCH 11, 1982

JAMES J. SHEPARD, EXECUTIVE DIRECTOR