Internal Revenue Service, National Computer Center, Martinsburg, West Virginia (Agency) and National Treasury Employees Union (Union)



[ v08 p100 ]
08:0100(19)AR
The decision of the Authority follows:


 8 FLRA No. 19
 
 INTERNAL REVENUE SERVICE,
 NATIONAL COMPUTER CENTER,
 MARTINSBURG, WEST VIRGINIA
 Agency
 
 and
 
 NATIONAL TREASURY EMPLOYEES
 UNION
 Union
 
                                            Case No. 0-AR-156
 
                                 DECISION
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR CLAIR V. DUFF FILED BY THE AGENCY UNDER SECTION 7122(A) OF
 THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C.
 7122(A)) (THE STATUTE) AND PART 2425 OF THE AUTHORITY'S RULES AND
 REGULATIONS (5 CFR PART 2425).  THE UNION FILED AN OPPOSITION.  /1/
 
    ACCORDING TO THE ARBITRATOR'S AWARD, THIS MATTER CONCERNS THE DEMAND
 OF THE GRIEVANT'S IMMEDIATE SUPERVISOR THAT THE GRIEVANT MEET WITH HER
 WITHOUT HIS UNION REPRESENTATIVE.  THE GRIEVANT REFUSED TO TAKE PART IN
 THE MEETING UNLESS HIS UNION REPRESENTATIVE COULD BE PRESENT AND
 CONSEQUENTLY THE MEETING NEVER TOOK PLACE.  A LETTER OF OFFICIAL
 REPRIMAND WAS ISSUED TO THE GRIEVANT FOR INSUBORDINATION ON THE BASIS OF
 THIS REFUSAL, AND A GRIEVANCE WAS FILED AND ULTIMATELY SUBMITTED TO
 ARBITRATION PROTESTING THE REPRIMAND.
 
    THE ARBITRATOR CAREFULLY EXAMINED THE SITUATION IN THIS CASE AND
 DETERMINED THAT THERE WAS NO CULPABLE CONDUCT ON THE PART OF THE
 GRIEVANT. ON THE BASIS OF THE EVIDENCE PRESENTED, THE ARBITRATOR
 EXPRESSLY FOUND THAT TH