U.S. Army Missile Command, Redstone Arsenal, Alabama and American Federation of Government Employees, Local 1858 (Authority decision, March 29, 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

AFGE Local 1858 filed exceptions to an arbitration award involving the removal of an Army Missile Command employee. The Authority held that removal is an adverse action covered by 5 U.S.C. § 7512 and excluded from its arbitration exception jurisdiction by §§ 7121(f) and 7122(a). It dismissed the union's exceptions without reviewing the award. The decision identifies judicial review under 5 U.S.C. § 7703 as the route for the employee to challenge the award.

Decision snapshot

• Authority: Arbitration review exclusion for removal under 5 U.S.C. §§ 7121(f), 7122(a), and 7512.
• Outcome: Union exceptions dismissed for lack of jurisdiction.
• Key point: The Authority cannot review exceptions to an arbitration award concerning an employee removal.

Full text (FLRA public release)

[ v17 p377 ]

17:0377(59)AR

The decision of the Authority follows:

17 FLRA No. 59

U.S.ARMY MISSILE COMMAND
REDSTONE ARSENAL, ALABAMA
Activity

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL UNION 1858
Union

Case No. O-AR-912

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 29, 1985 Harold D. Kessler Managing Director for Case Processing