Department of the Army, Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Fort Campbell, Kentucky (Activity) and American Federation of Government Employees, Local 2022 (Union)

 

 
 
 00.041300 Test$  7 FLRA 6;  FLRA 0-AR-147;  OCTOBER 15, 1981.
 
 7 FLRA No. 6
 
 DEPARTMENT OF THE ARMY,
 HEADQUARTERS, 101ST AIRBORNE
 DIVISION (AIR ASSAULT) AND
 FORT CAMPBELL, FORT CAMPBELL,
 KENTUCKY
 Activity
 
 and
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES,
 LOCAL 2022
 Union
 
                                            Case No. O-AR-147
 
                                 DECISION
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR WALTER G. SEINSHEIMER FILED BY THE UNION UNDER SECTION
 7122(A) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5
 U.S.C. 7122(A)) (THE STATUTE).
 
    ACCORDING TO THE ARBITRATOR'S AWARD, THIS MATTER CONCERNS THE
 GRIEVANT'S SUSPENSION FOR THREE DAYS ON CHARGES OF "DISCOURTEOUS CONDUCT
 TO COMMISSARY PATRONS" AND OF "WRONGFUL PURCHASING/RECEIVING OF
 COMMISSARY ITEMS." A GRIEVANCE WAS FILED DISPUTING THE CHARGES AND IT
 WAS ULTIMATELY SUBMITTED TO ARBITRATION.
 
    ON THE BASIS OF THE EVIDENCE PRESENTED, THE ARBITRATOR FOUND THAT THE
 ACTIVITY HAD SUPPORTED BOTH OF ITS CHARGES AGAINST THE GRIEVANT.
 ACCORDINGLY, AS HIS AWARD, THE ARBITRATOR SUSTAINED THE SUSPENSION AND
 DENIED THE GRIEVANCE.  IN ARRIVING AT THIS AWARD, THE ARBITRATOR
 SPECIFICALLY ADDRESSED THE UNION'S ARGUMENT THAT THE SUSPENSION COULD
 NOT BE SUSTAINED UNDER 5 U.S.C. 7503 /1/ BECAUSE THE DISCOURTEOUS
 CONDUCT CHARGE INVOLVED ONLY THREE INSTANCES OF SUCH CONDUCT RATHER
 THAN
 THE FOUR REFERRED TO IN SECTION 7503.  THE ARBITRATOR REJECTED THIS
 ARGUMENT RULING THAT THE THREE INSTANCES OF DISCOURTEOUS CONDUCT ONLY
 CONSTITUTED ONE OF THE CHARGES AGAINST THE GRIEVANT AND THAT THE TWO
 CHARGES TOGETHER SUPPORTED THE ACTIVITY'S DISCIPLINARY ACTION.
 
    THE UNION FILED EXCEPTIONS TO THE ARBITRATOR'S AWARD UNDER SECTION
 7122(A) OF THE STATUTE /2/