NAGE and Langley Air Force Base (Authority decision, November 25, 1981)

Final FLRA decision. The Authority dismissed arbitration exceptions without a merits ruling. 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

NAGE sought Authority review of an ad hoc arbitration panel's refusal to overturn an employee's removal at Langley Air Force Base. The Authority held that removal falls within the adverse-action category referenced by section 7121(f), so exceptions could not be filed under section 7122(a). It dismissed them without ruling on the removal award and identified judicial review under section 7703 as the route for this kind of decision.

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: Removal-related arbitration awards use the adverse-action review route.

Full text (FLRA public release)

[ v07 p270 ]

07:0270(39)AR

The decision of the Authority follows:

7 FLRA No. 39

NATIONAL ASSOCIATION OF
GOVERNMENT EMPLOYEES
(Union)

and

UNITED STATES DEPARTMENT
OF THE AIR FORCE, LANGLEY
AIR FORCE BASE, VIRGINIA
(Activity)

Case No. O-AR-312

ORDER DISMISSING EXCEPTIONS

THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE ARBITRATION
AWARD OF AN AD HOC PANEL 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) OF THE STATUTE 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 AD HOC PANEL'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., NOVEMBER 25, 1981

JAMES J. SHEPARD, EXECUTIVE DIRECTOR