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57 FLRA No. 177
U. S. Dept. of The Treasury, United States Customs Service and National Treasury Employees Union, (Abrams, Arbitrator), 0-AR-3476 (Decided May 29, 2002)
The Arbitrator found that the Agency removed the grievant after the grievant had completed his probationary period, and as a result, any objections to the removal action were arbitrable under the parties' collective bargaining agreement. The Arbitrator ordered the Agency to rescind the removal and reinstate the grievant with back pay and benefits. The Authority concluded that it lacked jurisdiction to review the award under § 7122(a) of the Statute.
The Authority explained that section 7122(a) of the Statute provides that a party may not file exceptions with the Authority to an arbitration award that relates to a matter described in § 7121(f). Matters described in § 7121(f) include serious adverse actions, such as removals, which are covered under 5 U.S.C. § 4303 or § 7512 and are appealable to the MSPB and reviewable by the United States Court of Appeals for the Federal Circuit. In this case, the issue to arbitrated was inextricably intertwined with a removal matter that could have been reviewed by the MSPB and, on appeal, by the United States Court of Appeals for the Federal Circuit, the award concerned a matter covered by 5_U.S.C. § 7512.