Social Security Administration and American Federation of Government Employees, Local 1923 (Authority decision, June 13, 1984)

Final FLRA decision. The Authority dismissed the agency's exceptions to an arbitration award for lack of jurisdiction under 5 U.S.C. § 7122(a). The decision states that review of the underlying 30-day suspension award may be sought under 5 U.S.C. § 7703. Judicial review under 5 U.S.C. § 7123(a) generally does not extend to this Authority order involving an arbitral award unless it involves an unfair labor practice under 5 U.S.C. § 7116.

Plain-English summary

An arbitrator rescinded a 30-day suspension imposed by the Social Security Administration. The agency filed exceptions with the Authority. The Authority held that the statute excludes awards concerning suspensions longer than 14 days from its arbitration exception jurisdiction. It dismissed the exceptions without reviewing the award and identified judicial review under 5 U.S.C. § 7703 as the route available for the underlying matter.

Decision snapshot

• Authority: Arbitration exception jurisdiction under 5 U.S.C. § 7122(a).
• Outcome: Agency exceptions dismissed for lack of jurisdiction.
• Key point: An award concerning a 30-day suspension had to follow the review route for covered adverse actions.

Full text (FLRA public release)

[ v15 p92 ]

15:0092(16)AR

The decision of the Authority follows:

15 FLRA No. 16

SOCIAL SECURITY ADMINISTRATION
Activity

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1923, AFL-CIO
Union

Case No. O-AR-734

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator Seymour Strongin, filed by the Activity under 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 Activity's exceptions must be dismissed.

In this case, the Arbitrator rescinded the Activity's 30 day suspension of the grievant.

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. 7512 which, in turn, applies to specified adverse actions including suspensions for more than 14 days. Review of an arbitration award relating to such matters must be obtained in accordance with 5 U.S.C. 7703, i.e., in the 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 in this case relates to a matter covered by 5 U.S.C. 7512, i.e., the suspension of a grievant for more than 14 days, under section 7122(a) of the Statute, exceptions to the award may not be filed with the Authority. Rather, the Activity 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 Activity's exceptions.

Accordingly, the Activity's exceptions are hereby dismissed.

For the Authority.

Issued, Washington, D.C., June 13, 1984
Harold D. Kessler, Director, Case
Management