American Federation of Government Employees Local 3399 and Harry S. Truman Memorial Veterans Hospital (Authority decision, August 29, 1984)

Final FLRA decision. The Authority dismisses exceptions to an arbitration award concerning employee removal. Section 7122(a) excludes this type of award from Authority review. The decision states that review of the award may instead be sought under 5 U.S.C. § 7703; the 60-day court-review provision for Authority orders in § 7123(a) does not govern this arbitration order.

Plain-English summary

An arbitrator upheld the removal of a Truman Memorial Veterans Hospital employee for failure to follow orders. AFGE Local 3399 filed exceptions with the Authority. The Authority held that removal is an adverse action listed in the statute and therefore outside its jurisdiction to review arbitration awards under section 7122(a). It dismissed the exceptions without reviewing the arbitrator's merits ruling, noting that judicial review of the award could be sought under the separate section 7703 route.

Decision snapshot

• Authority: Arbitration review exclusion under 5 U.S.C. § 7122(a) and § 7121(f).
• Outcome: Union exceptions dismissed for lack of Authority jurisdiction.
• Key point: A removal arbitration award follows the statutory adverse action review path rather than FLRA exceptions review.

Full text (FLRA public release)

[ v15 p776 ]

15:0776(145)AR

The decision of the Authority follows:

15 FLRA No. 145

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 3399
Union

and

HARRY S. TRUMAN MEMORIAL VETERANS
HOSPITAL
Activity

Case No. O-AR-817

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator John R. Thornell filed by the Union pursuant to 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 stated below, the Authority is without jurisdiction to review the Union's exceptions and they must be dismissed on that basis.

The dispute in this matter arose when the grievant was removed from his position. The Arbitrator found that the grievant's failure to follow orders in the circumstances of this case constituted just and sufficient cause for removal, and he denied the grievance on that basis. The Union then filed the instant exceptions with the Authority.

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 suspensions for more than fourteen days and 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; that is, in the same manner and under the same conditions as judicial review of a final decision of the Merit Systems Protection Board.

Accordingly, as the Arbitrator's award in this case involves a matter covered by 5 U.S.C. 7512, the Authority is without jurisdiction under section 7122(a) of the Statute to review the Union's exceptions. Rather, judicial review of the Arbitrator's award may be sought 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., August 29, 1984

Jan K. Bohren
Executive Director / Administrator