Department of the Air Force, McGuire Air Force Base (Activity) and American Federation of Government Employees, Local No. 1778 (Union)
[ v06 p283 ]
06:0283(50)AR
The decision of the Authority follows:
6 FLRA No. 50
DEPARTMENT OF THE AIR
FORCE, MCGUIRE AIR FORCE
BASE
Activity
and
AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
LOCAL NO. 1778
Union
Case No. O-AR-125
DECISION
THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
ARBITRATOR G. ALLAN DASH, JR. FILED BY THE UNION UNDER SECTION 7122(A)
OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C.
7122(A)).
ACCORDING TO THE ARBITRATOR'S AWARD, THE DISPUTE IN THIS MATTER AROSE
WHEN THE ACTIVITY ISSUED LETTERS OF REPRIMAND TO THE GRIEVANTS AS THE
RESULT OF ALLEGED REFUSALS TO COMPLY WITH PROPER WORK ORDERS. THE UNION
FILED A GRIEVANCE CONTENDING THAT THE ISSUANCE OF THE LETTERS OF
REPRIMAND WAS IN VIOLATION OF THE PARTIES' COLLECTIVE BARGAINING
AGREEMENT AND THE MATTER WAS ULTIMATELY SUBMITTED TO ARBITRATION.
THE ARBITRATOR FOUND THAT THE IMPOSITION OF THE LETTERS OF REPRIMAND
DID NOT VIOLATE THE PARTIES' AGREEMENT. HE FOUND THAT "THE GRIEVANTS'
UNSUSTAINABLE REFUSAL TO CARRY OUT THE ORDERS GIVEN THEM . . .
CONSTITUTED SIGNIFICANT MISCONDUCT THAT CALLED FOR THE IMPOSITION OF
SEVERE DISCIPLINARY ACTION." HE ALSO FOUND THAT, CONTRARY TO THE
CONTENTIONS OF THE UNION, THE ISSUANCE OF THE LETTERS DID NOT VIOLATE
AIR FORCE REGULATION 40-750. THE ARBITRATOR FURTHER FOUND THAT THE TWO
GRIEVANTS, IN EFFECT, USED THEIR OFFICIAL UNION CAPACITIES AS A CLOAK TO
TEST THE PROPRIETY OF A SUPERVISORY ORDER, IMPROPERLY CONCLUDING THAT
UNION POSITIONS WOULD PROTECT THEM FROM ANY POTENTIAL DISCIPLINE.
HOWEVER, ACCORDING TO THE ARBITRATOR, REFUSAL OF A SUPERVISORY ORDER IS
NOT A "PROTECTED ACTIVITY" FOR A UNION OFFICIAL UNDER THE AGREEMENT OR
ANY FEDERAL STATUTE THAT MAKES SUCH UNION OFFICIAL IMMUNE FROM
APPROPRIATE DISCIPLINE. NOR, ACCORDING TO THE ARBITRATOR, WAS THERE ANY
PROOF IN THE RECOR