Navy Exchange, Naval Amphibious Base (Activity) and AFGE Local 1625 (AFL-CIO) (Union) (Authority decision, September 29, 1980)

Final FLRA decision. This order concerns exceptions to an arbitration award under 5 U.S.C. § 7122. Under 5 U.S.C. § 7123(a)(1), such orders are generally excluded from judicial review unless they involve an unfair labor practice under 5 U.S.C. § 7116; this decision does not state that it involves one.

Plain-English summary

A union filed an exception to an arbitration award involving a Navy Exchange. The Authority found the award concerned an adverse action covered by the statute’s separate review route. It dismissed the exception because it lacked authority to review that category of award, leaving the award’s merits undecided.

Decision snapshot

• Authority: 5 U.S.C. § 7121(f), 5 U.S.C. § 7122(a).
• Outcome: Union exception dismissed for lack of Authority review jurisdiction.
• Key point: The adverse-action award followed the statutory review route outside FLRA exceptions.

Full text (FLRA public release)

[ v04 p346 ]

04:0346(43)AR

The decision of the Authority follows:

4 FLRA No. 43

NAVY EXCHANGE, NAVAL
AMPHIBIOUS BASE
Activity

and

AFGE LOCAL 1625
(AFL-CIO)
Union

Case No. O-AR-111

ORDER DISMISSING EXCEPTION

ON JUNE 16, 1980, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES FILED
AN EXCEPTION TO THE AWARD OF ARBITRATOR JOHN G. GREGG WITH THE AUTHORITY
PURSUANT TO SECTION 2425.1 OF THE AUTHORITY'S RULES AND REGULATIONS (5
CFR 2425.1) AND SECTION 7122(A) OF THE FEDERAL SERVICE LABOR-MANAGEMENT
RELATIONS STATUTE (5 U.S.C. 7122(A)). FOR THE REASONS INDICATED BELOW,
THE UNION'S EXCEPTION 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 5 U.S.C. 7512. 5 U.S.C. 4303 COVERS ACTIONS BASED ON
UNACCEPTABLE PERFORMANCE AND 5 U.S.C. 7512 COVERS SPECIFIC ADVERSE
ACTIONS. PURSUANT TO SECTION 7121(F), REVIEW OF AN ARBITRATION AWARD
RELATING TO SUCH MATTERS MAY BE OBTAINED IN ACCORDANCE WITH 5 U.S.C.
7703 WHICH PROVIDES FOR JUDICIAL REVIEW OF FINAL DECISIONS OF THE MERIT
SYSTEMS PROTECTION BOARD.

ON THE BASIS OF THE UNION'S EXCEPTION, IT APPEARS THAT THE
ARBITRATOR'S AWARD IN THIS CASE RELATES TO A MATTER COVERED BY 5 U.S.C.
7512 AND THEREFORE IS AN AWARD AS TO WHICH AN EXCEPTION MAY NOT BE FILED
WITH THE AUTHORITY. AS A MATTER COVERED BY 5 U.S.C. 7512, THE
ARBITRATOR'S AWARD IS "AN AWARD RELATING TO A MATTER DESCRIBED IN
SECTION 7121(F)" AND UNDER SECTION 7122(A) IS THUS NOT SUBJECT TO REVIEW
BY THE AUTHORITY. UNDER SECTION 2425.3(B)(2) OF THE AUTHORITY'S RULES
AND REGULATIONS (5 CFR 2425.3(B)(2)), THE AUTHORITY IS EXPRESSLY
PRECLUDED FROM CONSIDERING AN EXCEPTION WITH RESPECT TO AN AWARD
RELATING TO A MATTER COVERED UNDER 5 U.S.C. 7512. CONSEQUENTLY, THE
AUTHORITY HAS NO BASIS ON WHICH TO REVIEW THE ARBITRATOR'S AWARD.

ACCORDINGLY, AND APART FROM OTHER CONSIDERATIONS, THE UNION'S
EXCEPTION IS HEREBY DISMISSED.

FOR THE AUTHORITY.

ISSUED, WASHINGTON, D.C., SEPTEMBER 29, 1980

HAROLD D. KESSLER, ACTING EXECUTIVE DIRECTOR

CERTIFICATE OF SERVICE

COPIES OF THE AUTHORITY'S ORDER DATED SEPTEMBER 29, 1980, IN THE
INSTANT CASE, WERE SENT TO THE FOLLOWING:

MR. RONALD D. KING, DIRECTOR

CONTRACT AND APPEALS DIVISION

AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, AFL-CIO

1325 MASSACHUSETTS AVENUE, NW.

WASHINGTON, D.C. 20005

MR. TERRY HAYCOCK

CHIEF, LABOR RELATIONS

OFFICE OF CHIEF OF NAVAL

OPERATIONS (OP-14)

DEPARTMENT OF THE NAVY

WASHINGTON, D.C. 20350