Immigration and Naturalization Service (Agency) and American Federation of Government Employees, AFL-CIO (Union)

 



[ v08 p248 ]
08:0248(53)AR
The decision of the Authority follows:


 8 FLRA No. 53
 
 IMMIGRATION AND NATURALIZATION
 SERVICE
 Agency
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO
 Union
 
                                            Case No. O-AR-177
 
                                 DECISION
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR BICKNELL J. SHOWERS FILED BY THE AGENCY UNDER SECTION 7122(A)
 OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C. SEC.
 7122(A)) (THE STATUTE) AND PART 2425 OF THE AUTHORITY'S RULES AND
 REGULATIONS (5 CFR PART 2425).  THE UNION FILED AN OPPOSITION.
 
    ACCORDING TO THE ARBITRATOR'S AWARD, THE DISPUTE IN THIS MATTER
 CONCERNS THE SUSPENSION OF THE GRIEVANT, A BORDER PATROL AGENT, FOR 10
 DAYS FOR OFF-DUTY MISCONDUCT.  A GRIEVANCE WAS FILED AND ULTIMATELY
 SUBMITTED TO ARBITRATION DISPUTING THE SUSPENSION.
 
    THE PARTIES SUBMITTED TO THE ARBITRATOR THE FOLLOWING ISSUE:
 
    DID THE SERVICE SUSPEND (THE GRIEVANT) FOR TEN DAYS FOR JUST AND
 SUFFICIENT CAUSE AND ONLY
 
    FOR SUCH REASONS WHICH PROMOTED THE EFFICIENCY OF THE SERVICE?
 FINDING THAT "THERE (WAS) NO EVIDENCE THAT THE GRIEVANT'S CONDUCT . .  .
 CAUSED ANY ACTUAL PROBLEM FOR THE BORDER PATROL OR IN ANY WAY
 INTERFERRED WITH HIS EFFECTIVENESS AS AN AGENT," THE ARBITRATOR
 DETERMINED THAT THE IMPOSITION OF DISCIPLINE WAS NOT WARRANTED.
 ACCORDINGLY, AS HIS