U.S. Department of Justice, Federal Prison System and American Federation of Government Employees, Local 1580 (Authority decision, May 3, 1984)

Final FLRA decision. The Authority dismissed exceptions to an arbitration award for lack of jurisdiction under 5 U.S.C. §§ 7121(f) and 7122(a). The decision states that review of the underlying removal award may be sought under 5 U.S.C. § 7703, in the manner applicable to a Merit Systems Protection Board decision.

Plain-English summary

An arbitrator upheld the Federal Prison System's removal of an employee for unprofessional conduct. AFGE Local 1580 filed exceptions with the Authority. The Authority held that employee removal is an adverse action covered by the separate review route in 5 U.S.C. § 7121(f). It dismissed the exceptions because it lacked jurisdiction to review the arbitration award and identified judicial review under 5 U.S.C. § 7703 as the route for the underlying award.

Decision snapshot

• Authority: Review of removal awards under 5 U.S.C. §§ 7121(f), 7122(a), and 7703.
• Outcome: Union exceptions dismissed for lack of jurisdiction.
• Key point: The Authority could not review this removal award through ordinary arbitration exceptions.

Full text (FLRA public release)

[ v14 p384 ]

14:0384(61)AR

The decision of the Authority follows:

14 FLRA No. 61

UNITED STATES DEPARTMENT OF
JUSTICE, FEDERAL PRISON SYSTEM
Activity

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 1580
Union

Case No. O-AR-743

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator Samuel J. Nicholas, Jr. filed by the Union under 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 his award the Arbitrator sustained the grievant's removal from the Federal service for unprofessional conduct. 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 removals. 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 be en 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 removal of the grievant, under section 7122(a) of the Statute, exceptions to the award may not be filed with the Authority. Rather, the Union 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., May 3, 1984 Harold D. Kessler, Director, Case Management