Federal Employees Metal Trades Council and Portsmouth Naval Shipyard (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 Portsmouth Naval Shipyard had just cause to remove an employee and denied the union's grievance. The Federal Employees Metal Trades Council filed exceptions with the Authority. The Authority found that the award involved a removal, a type of adverse action excluded from its arbitration exception jurisdiction. It dismissed the exceptions without reviewing whether the arbitrator had ruled correctly. The decision says the employee could instead seek 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: Union exceptions dismissed for lack of Authority jurisdiction.
• Key point: Removal awards followed the judicial review route specified by § 7121(f), outside the Authority's exceptions process.

Full text (FLRA public release)

[ v15 p206 ]

15:0206(39)AR

The decision of the Authority follows:

15 FLRA No. 39

FEDERAL EMPLOYEES METAL
TRADES COUNCIL, AFL-CIO
Union

and

PORTSMOUTH NAVAL SHIPYARD
Activity

Case No. O-AR-787

ORDER DISMISSING EXCEPTIONS

This matter is before the Authority on exceptions to the award of Arbitrator John T. Conlon filed by the Union 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 Union's exceptions and they must be dismissed on that basis.

In the instant case, the Arbitrator found that the grievant's removal was for just cause and accordingly, as his award, denied the grievance.

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. 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, the removal of the grievant, under section 7122(a) of the Statute the Authority is without jurisdiction to review the Union's exceptions. Rather, the grievant may seek judicial review of the Arbitrator's award pursuant to 5 U.S.C. 7703.

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

For the Authority.

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