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60 FLRA No. 105
AFGE, Local 3809, Council of Prison Locals and U. S. Dept. of Justice, Federal Bureau of Prisons, Federal Correctional Institute Big Spring, Big Spring, Texas (Wiant, Arbitrator) 0-AR-3892 (Decided December 29, 2004)
The Authority concluded that it lacked jurisdiction over the Union's exceptions. The Authority noted that the award, in resolving a claim that the Agency violated the parties' agreement by placing the grievant on an indefinite suspension, related to a matter described in § 7121(f) of the Statute.
The Authority explained that under § 7122(a) of the Statute, it lacks jurisdiction to review an arbitration award relating to a matter described in section 7121(f) of the Statute. Matters described in § 7121(f) include serious adverse actions, such as suspensions for more than 14 days, which are covered under 5 U.S.C. § 4303 or § 7512. Arbitration awards resolving these matters are reviewable by the United States Court of Appeals for the Federal Circuit, rather than the Authority. The Authority further stated that it will determine that an award relates to a matter described in § 7121(f) when it resolves, or is inextricably intertwined with, a § 4303 or § 7512 matter. In making that determination, the Authority noted that it looks not to the outcome of the award, but to whether the claim advanced in arbitration would be reviewable by the Merit Systems Protection Board and, on appeal, by the Federal Circuit.