Department of the Air Force, McGuire Air Force Base (Activity) and American Federation of Government Employees, Local No. 1778 (Union)

 

 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