Veterans Administration Medical Center and American Federation of Government Employees, Local 2094 (Authority decision, November 27, 1984)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority dismissing exceptions to an arbitration award for lack of jurisdiction. The order concerns an arbitration award under 5 U.S.C. § 7122. Section 7123(a)(1) generally excludes such orders from judicial review unless they involve an unfair labor practice under § 7118.

Plain-English summary

AFGE Local 2094 filed exceptions to an arbitrator's award concerning an employee's removal at a Veterans Administration medical center. The Authority held that it lacked jurisdiction because section 7122(a) excludes arbitration awards relating to the adverse actions covered by section 7121(f). Removal is one of those actions. The Authority dismissed the union's exceptions without reviewing the award's merits and stated that the grievant could seek judicial review under 5 U.S.C. § 7703.

Decision snapshot

• Authority: 5 U.S.C. §§ 7121(f), 7122(a), 7512, and 7703.
• Outcome: Union's exceptions dismissed for lack of Authority jurisdiction.
• Key point: A removal arbitration award follows the review route for specified adverse actions rather than FLRA exceptions review.

Full text (FLRA public release)

[ v16 p584 ]

16:0584(84)AR

The decision of the Authority follows:

16 FLRA No. 84

VETERANS ADMINISTRATION MEDICAL
CENTER
Activity

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2094
Union

Case No. O-AR-865

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator David S. Lande filed by the Union 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., November 27, 1984 Jan K. Bohren Executive Director/Administrator