09:0538(63)AR - Norfolk Naval Shipyard, Portsmouth, Virginia and Tidewater Virginia Federal Employees MTC -- 1982 FLRAdec AR



[ v09 p538 ]
09:0538(63)AR
The decision of the Authority follows:


 9 FLRA No. 63
 
 NORFOLK NAVAL SHIPYARD,
 PORTSMOUTH, VIRGINIA
 Activity
 
 and
 
 TIDEWATER VIRGINIA FEDERAL EMPLOYEES
 METAL TRADES COUNCIL
 Union
 
                                            Case No. O-AR-295
 
                                 DECISION
 
    THIS MATTER IS BEFORE THE AUTHORITY ON AN EXCEPTION TO THE AWARD OF
 ARBITRATOR J. HARVEY DALY FILED BY THE UNION UNDER SECTION 7122(A) OF
 THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE) AND
 PART 2425 OF THE AUTHORITY'S RULES AND REGULATIONS.  THE AGENCY DID NOT
 FILE AN OPPOSITION.
 
    THE DISPUTE IN THIS MATTER CONCERNS THE ONE-DAY SUSPENSION OF THE
 GRIEVANT FOR READING A NEWSPAPER DURING WORKING HOURS.  A GRIEVANCE WAS
 FILED AND ULTIMATELY SUBMITTED TO ARBITRATION DISPUTING THE SUSPENSION.
 
    THE ISSUE AGREED UPON BY THE PARTIES AND SUBMITTED TO THE ARBITRATOR
 WAS WHETHER THE SUSPENSION OF THE GRIEVANT WAS FOR JUST CAUSE.  TO THE
 ARBITRATOR THIS WAS TANTAMOUNT TO ASKING WHETHER UNDER THE PARTIES'
 COLLECTIVE BARGAINING AGREEMENT, THE GRIEVANT HAD A RIGHT TO READ A
 NEWSPAPER DURING WORKING HOURS.  THE ARBITRATOR'S UNEQUIVOCAL ANSWER TO
 THIS WAS THAT THE GRIEVANT DEFINITELY HAD NO SUCH RIGHT.  IN ADDITION,
 HAVING FOUND THAT THE GRIEVANT HAD PREVIOUSLY BEEN ORALLY ADMONISH