American Federation of Government Employees, Local 3882 and Federal Prison System, Ray Brook, New York (Authority decision, June 29, 1984)

Final FLRA decision. The Authority dismissed exceptions to an arbitration award for lack of jurisdiction under 5 U.S.C. § 7122(a). The award concerned a removal covered by 5 U.S.C. § 7121(f), for which the decision identifies judicial review under 5 U.S.C. § 7703 as the review route.

Plain-English summary

An arbitrator found that the Ray Brook prison system lacked just cause to remove an employee. He replaced the removal with a 60-day suspension and ordered reinstatement. The Department of Justice filed exceptions to the award on the activity's behalf. The Authority found that a case involving removal or a suspension longer than 14 days fell outside its arbitration exception jurisdiction. It dismissed the exceptions without reviewing the award and pointed to judicial review under 5 U.S.C. § 7703.

Decision snapshot

• Authority: Adverse action arbitration review limits under 5 U.S.C. §§ 7121(f) and 7122(a).
• Outcome: Agency exceptions dismissed for lack of Authority jurisdiction.
• Key point: The removal award followed the statutory judicial review path, outside the Authority's exception process.

Full text (FLRA public release)

[ v15 p204 ]

15:0204(38)AR

The decision of the Authority follows:

15 FLRA No. 38

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 3882
Union

and

FEDERAL PRISON SYSTEM,
RAY BROOK, NEW YORK
Activity

Case No. O-AR-741

ORDER DISMISSING EXCEPTIONS

This matter is before the Authority on exceptions to the award of Arbitrator Dale S. Beach filed on behalf of the Activity by the Department of Justice (the Agency) under section 7122(a) of the Federal Service Labor-Management Relations Statute and section 2425.1 of the Authority's Rules and Regulations. For the reasons set forth below, the Authority is without jurisdiction to review the Agency's exceptions and they must be dismissed on that basis.

In the instant case, the Arbitrator found that the grievant's removal was not for just and sufficient cause and accordingly, as his award, reduced the discipline to a 60-day suspension and ordered the grievant reinstated.

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).

The matters described in section 7121(f) of the Statute include those covered under 5 U.S.C. 7512 which applies to specified adverse actions, including removals and suspensions for more than 14 days. Pursuant to section 7121(f), 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 judicial review of a final decision of the Merit Systems Protection Board.

Since the Arbitrator's award relates to a matter covered by 5 U.S.C. 7512 under section 7122(a) of the Statute the Authority is without jurisdiction to review the Agency's exceptions. Rather, the Agency may seek judicial review of the Arbitrator's award pursuant to 5 U.S.C. 7703.

Accordingly, and apart from other considerations, the Agency's exceptions are hereby dismissed.

For the Authority.

Issued, Washington, D.C., June 29, 1984
Harold D. Kessler, Director, Case
Management