WHEN TO APPEAL AN ARBITRATION LOSS TO MSPB/EEOC, NOT FLRA
FLRA recently reminded union leaders that under 5 USC 7122(a) it does not have jurisdiction to review arbitration decisions involving adverse actions. In AFGE and Dep’t. of Veteran Affairs, 73 FLRA No.4 (2022) it rejected a union’s appeal of an arbitration decision involving an employee’s claim that his resignation was involuntary, aka a constructive discharge. Unfortunately, given how long it took for the FLRA to decide the case the time limit for appealing the decision to MSPB or the courts had long passed – leaving the employee without any appeal rights. Most union locals know that any adverse action arbitration decision can be appealed to a court, but they also know that is expensive. What is not generally known is that some adverse action arbitration decisions can be appealed to MSPB or EEOC in lieu of immediately going to court. Here is a quick overview of when a union has that option. Continue reading