HHS, Social Security Administration, Mid-America Program Service Center and AFGE Local 1336 (Authority decision, September 15, 1983)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority involving an arbitral award under 5 U.S.C. § 7122. Judicial review under 5 U.S.C. § 7123(a) generally does not extend to such an order unless the order involves an unfair labor practice under 5 U.S.C. § 7116. This decision resolves exceptions to an arbitration award and does not state that it involves an unfair labor practice.

Plain-English summary

An arbitrator upheld the removal of a Social Security Administration employee for unacceptable performance. AFGE Local 1336 filed exceptions with the Authority. The Authority held that this type of removal falls under 5 U.S.C. § 4303 and that § 7122(a) excludes the resulting arbitration award from Authority review. It dismissed the exceptions for lack of jurisdiction and stated that review of the award could instead be sought under 5 U.S.C. § 7703.

Decision snapshot

• Authority: 5 U.S.C. §§ 4303, 7121(f), 7122(a), and 7703.
• Outcome: Union exceptions dismissed for lack of Authority jurisdiction.
• Key point: The statute directs review of this removal award to the judicial route in § 7703.

Full text (FLRA public release)

[ v13 p3 ]

13:0003(1)AR

The decision of the Authority follows:

13 FLRA No. 1

U.S. DEPARTMENT OF HEALTH AND
HUMAN SERVICES, SOCIAL SECURITY
ADMINISTRATION, MID-AMERICA PROGRAM
SERVICE CENTER
(Activity)

and

LOCAL 1336, AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, AFL-CIO
(Union)

Case No. O-AR-591

ORDER DISMISSING EXCEPTIONS

This matter is before the Authority on exceptions to the award of Arbitrator James E. Westbrook filed by the Union pursuant to section 7122(a) of the Federal Service Labor-Management Relations Statute and part 2425 of the Authority's Rules and Regulations. For the reason set forth below, the Union's exceptions must be dismissed.

In this case, the Arbitrator sustained the removal of the grievant for unacceptable performance. Section 7122(a) of the Statute provides, in pertinent 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).

As relevant to this case, the matters described in section 7121(f) of the Statute include those covered under 5 U.S.C. 4303 which applies to adverse actions, including removals, for unacceptable performance. 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.

Since the Arbitrator's award relates to a matter covered by 5 U.S.C. 4303, i.e., the removal of the grievant for unacceptable performance, under section 7122(a) of the Statute, exceptions to the award may not be filed with the Authority. Rather, the grievant may seek judicial review of the Arbitrator's award pursuant to 5 U.S.C. 7703. Consequently, the Authority is without jurisdiction to review the Union's exceptions.

Accordingly, and apart from other considerations, the Union's exceptions are hereby dismissed. For the Authority. Issued, Washington, D.C., September 15, 1983 James J. Shepard, Executive Director