National Treasury Employees Union, Chapter 12 and Internal Revenue Service, Birmingham District (Authority decision, March 27, 1985)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority involving an arbitral award under 5 U.S.C. § 7122. The Authority dismissed the union's exceptions because the award relates to an employee removal, a matter excluded from its arbitration review jurisdiction. The decision identifies review under 5 U.S.C. § 7703 as the route for such matters.

Plain-English summary

NTEU Chapter 12 challenged an arbitration award involving the removal of an IRS Birmingham District employee. The Authority held that removals are covered by 5 U.S.C. § 7512 and excluded from its jurisdiction over arbitration exceptions. It dismissed the union's exceptions without reaching their merits. The decision says the employee may seek judicial review under 5 U.S.C. § 7703.

Decision snapshot

• Authority: Removal review exclusion under 5 U.S.C. §§ 7121(f), 7122(a), and 7512.
• Outcome: Union exceptions dismissed for lack of jurisdiction.
• Key point: Arbitration awards concerning removal follow the review route in § 7703 rather than FLRA exception review.

Full text (FLRA public release)

[ v17 p358 ]

17:0358(53)AR

The decision of the Authority follows:

17 FLRA No. 53

NATIONAL TREASURY EMPLOYEES
UNION, CHAPTER 12
Union

and

INTERNAL REVENUE SERVICE,
BIRMINGHAM DISTRICT
Activity

Case No. O-AR-909

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator Roger C. Williams 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.

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, 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., March 27, 1985 Harold D. Kessler Managing Director for Case Processing