Veterans Administration Hospital, Perry Point, Maryland and American Federation of Government Employees, AFL-CIO, Local 331



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01:0829(95)AR
The decision of the Authority follows:


 1 FLRA No. 95
 
                                            AUGUST 10, 1979
 
 MS. MARY LYNN WALKER
 CONTRACT AND APPEALS DIVISION
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO
 1325 MASSACHUSETTS AVENUE, N.W.
 WASHINGTON, D.C.  20005
 
                     RE:  VETERANS ADMINISTRATION HOSPITAL, PERRY 
                          POINT, MARYLAND AND AMERICAN FEDERATION OF                   
                          GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 331 
                          (ABLES, ARBITRATOR), FLRC No. 78A-176
 
 DEAR MS. WALKER:
 
    THE AUTHORITY HAS CAREFULLY CONSIDERED YOUR PETITION FOR REVIEW OF
 THE ARBITRATOR'S AWARD FILED IN THE ABOVE-ENTITLED CASE.
 
    ACCORDING TO THE AWARD, THE GRIEVANCE AROSE WHEN THE NIGHT NURSE
 COORDINATOR ALLEGEDLY CAUGHT THE GRIEVANT, A NIGHT NURSING ASSISTANT,
 SLEEPING ON DUTY AND PUT HIM ON REPORT.  THIS RESULTED IN HIS SUSPENSION
 FROM WORK FOR FIVE DAYS.  THE GRIEVANT FILED A GRIEVANCE, WHICH WAS
 ULTIMATELY SUBMITTED TO ARBITRATION, DISPUTING THE CHARGE THAT HE WAS
 SLEEPING.
 
    THE ARBITRATOR STATED THAT "THE OBJECTIVE EVIDENCE IS SUFFICIENT TO
 CONCLUDE . . . (THE GRIEVANT) WAS ASLEEP FOR THE PURPOSES OF HIS
 ASSIGNED DUTY." HE CONCLUDED THAT "(O)N THE EVIDENCE, THERE SEEMS TO BE
 NO QUESTION THAT . . . (THE GRIEVANT) WAS ASLEEP AS CHARGED" AND "HE WAS
 NOT (AS) ALERT AS HE WAS REQUIRED TO BE TO MAKE