AFGE Local 1533 and Navy Resale and Services Office, Department of the Navy, Oakland (Authority decision, October 2, 1984)

Final FLRA decision. The Authority dismisses exceptions to an arbitration award for lack of jurisdiction. Under 5 U.S.C. § 7123(a)(1), orders involving arbitral awards are generally excluded from judicial review unless they involve an unfair labor practice under 5 U.S.C. § 7116. This order does not resolve an unfair labor practice. The decision identifies a separate review route for the removal award under 5 U.S.C. § 7703.

Plain-English summary

Exceptions were filed on behalf of a grievant challenging an arbitrator's award about the grievant's removal from employment. The Authority held that the labor statute bars it from reviewing arbitration awards involving removal actions covered by 5 U.S.C. § 7512. It dismissed the exceptions without addressing the merits of the removal. The Authority said the grievant could seek judicial review of the arbitrator's award through the separate route in 5 U.S.C. § 7703.

Decision snapshot

• Authority: Arbitration review limit under 5 U.S.C. §§ 7121(f) and 7122(a); removal review under § 7703.
• Outcome: Exceptions dismissed for lack of Authority jurisdiction.
• Key point: An employee removal award follows the adverse action review path rather than Authority arbitration exception review.

Full text (FLRA public release)

[ v16 p137 ]

16:0137(25)AR

The decision of the Authority follows:

16 FLRA No. 25

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1533, AFL-CIO
Union

and

NAVY RESALE AND SERVICES OFFICE,
DEPARTMENT OF THE NAVY, OAKLAND, CALIFORNIA Activity

Case No. O-AR-841

ORDER DISMISSING EXCEPTIONS

This matter is before the Authority on exceptions to the award of Arbitrator Joseph W. Garbarino filed on behalf of the grievant pursuant to section 7122(a) of the Federal Service Labor-Management Relations Statute (5 U.S.C. 7122(a)). For the reasons that follow, the Authority is without jurisdiction to review the exceptions and the exceptions therefore must be dismissed.

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 same 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 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. Consequently, the Authority is without jurisdiction to review the 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., October 2, 1984

Jan K. Bohren
Executive Director/Administrator