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58 FLRA No. 93
AFGE, Local 429 and U. S. Dept. of the Navy Marine Corps Community Services, Parris Island, South Carolina (Fraser, Arbitrator) 0-AR-3694 (Decided December 23, 2003)
The Arbitrator found that the grievant's removal was for just cause. The Authority found that it did not have jurisdiction to review the Agency's exceptions under § 7121(f) of the Statute.
The matters described in § 7121(f) are those matters covered under 5 U.S.C. §§ 4303 and 7512 and similar matters that arise under other personnel systems. Section 4303 covers removals and reductions-in-grade for unacceptable performance. Section 7512 covers removals, suspensions for more than 14 days, reductions in either grade or pay, and furloughs for 30 days or less.
The record, in this case, reflected that the grievant was a non-appropriated fund employee. The Authority noted that it lacks jurisdiction over exceptions to arbitral awards pertaining to the removal of non-appropriated fund employees.