Air Force Logistics Command, Kelly Air Force Base, San Antonio, Texas and American Federation of Government Employees, Council 214, Local 1617 (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

AFGE Council 214 and Local 1617 filed exceptions to an arbitration award involving removal of a Kelly Air Force Base employee. The Authority held that the removal fell within the adverse actions excluded from its arbitration exception jurisdiction. It dismissed the exceptions without deciding their merits. The decision identifies judicial review under 5 U.S.C. § 7703 as the available review route for the employee.

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: The FLRA cannot review an arbitration award about a removal through its exception process.

Full text (FLRA public release)

[ v17 p356 ]

17:0356(52)AR

The decision of the Authority follows:

17 FLRA No. 52

AIR FORCE LOGISTICS COMMAND,
KELLY AIR FORCE BASE
SAN ANTONIO, TEXAS
Activity

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, COUNCIL NO. 214,
LOCAL UNION NO. 1617
SAN ANTONIO, TEXAS
Union

Case No. O-AR-925

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator F. Jay Taylor 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