Veterans Administration Medical Center, Hines and Illinois Nurses Association (Authority decision, October 30, 1984)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority dismissing exceptions to an arbitration award for lack of jurisdiction. The order concerns an arbitration award under 5 U.S.C. § 7122. Section 7123(a)(1) generally excludes such Authority orders from judicial review unless they involve an unfair labor practice under § 7118. The decision explains that § 7121(f) provides a different review route for the underlying category of personnel action.

Plain-English summary

An arbitrator changed a Veterans Administration nurse's removal for misconduct to a 90 day suspension. The Hines VA Medical Center filed exceptions with the Authority. The Authority held that the award concerned an adverse action of a kind covered by 5 U.S.C. § 7121(f), even though the nurse served under a different personnel system. Section 7122(a) excludes awards in that category from the Authority's exception jurisdiction. The Authority dismissed the exceptions without reviewing the arbitrator's ruling.

Decision snapshot

• Authority: 5 U.S.C. §§ 7121(f), 7122(a), and 7512.
• Outcome: Agency exceptions dismissed for lack of jurisdiction.
• Key point: Certain adverse action awards under other personnel systems follow the review route in § 7121(f), not FLRA exceptions.

Full text (FLRA public release)

[ v16 p303 ]

16:0303(46)AR

The decision of the Authority follows:

16 FLRA No. 46

VETERANS ADMINISTRATION MEDICAL
CENTER, HINES, ILLINOIS
Activity

and

ILLINOIS NURSES ASSOCIATION,
HINES LOCAL UNIT
Union

Case No. O-AR-473

ORDER DISMISSING EXCEPTIONS

This matter is before the Authority on exceptions to the award of Aaron S. Wolff filed by the Agency under section 7122(a) of the Federal Service Labor-Management Relations Statute and part 2425 of the Authority's Rules and Regulations. In his award the Arbitrator converted the grievant's /1/ removal for misconduct to a suspension for 90 days. For the reasons that follow, the Authority is without jurisdiction to review the Agency's exceptions and the exceptions therefore must be dismissed.

Section 7122(a) of the Statute pertinently provides:

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).

As relevant to this case, the matters described in section 7121(f) of the Statute /2/ include matters similar to those covered under 5 U.S.C. 7512 which arise under other personnel systems. Matters covered under section 7512 are specified adverse actions including removal and a suspension for more than 14 days. Under section 7121(f) the review of an arbitration award relating to similar matters that have arisen under another personnel system may be obtained in the same manner and on the same basis as that of a final decision in such a matter raised under applicable appellate procedures. In terms of this case, the award relates to a matter that is similar to those covered under section 7512 and has arisen under another personnel system within the meaning of section 7121(f). See VA Medical Center, Northport, New York v. FLRA, 732 F.2d 1128, 1131 n.6 (2d Cir. 1984); Veterans Administration Medical Center, Chillicothe, Ohio and American Federation of Government Employees, Local 1631, AFL-CIO, 15 FLRA No. 92 (1984). Therefore, the Arbitrator's award relates to a matter described in section 7121(f), and under section 7122(a) exceptions to the award may not be filed with the Authority. Consequently, the Authority is without jurisdiction to review the exceptions and accordingly they are dismissed. Issued, Washington, D.C., October 30, 1984 Henry B. Frazier III, Acting Chairman Ronald W. Haughton, Member FEDERAL LABOR RELATIONS AUTHORITY

--------------- FOOTNOTES$ ---------------

/1/ It is not contested that the grievant is a nurse in the agency's Department of Medicine and Surgery who has been appointed under 38 U.S.C. chapter 73.

/2/ Section 7121(f) pertinently provides:

In matters similar to those covered under sections 4303 and 7512 of this title which arise under other personnel systems and which an aggrieved employee has raised under the negotiated grievance procedure, judicial review of an arbitrator's award may be obtained in the same manner and on the same basis as could be obtained of a final decision in such matters raised under applicable appellate procedures.