12:0179(44)AR - AFGE Local 2094 and VA Medical Center, New York City, NY -- 1983 FLRAdec AR



[ v12 p179 ]
12:0179(44)AR
The decision of the Authority follows:


 12 FLRA No. 44
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 2094
 (Union)
 
 and
 
 VETERANS ADMINISTRATION MEDICAL
 CENTER, NEW YORK CITY, NEW YORK
 (Activity)
 
                                            Case No. O-AR-422
 
                                 DECISION
 
    This matter is before the Authority on an exception to the award of
 Arbitrator Joseph M. Pastore, Jr. filed by the Union under section
 7122(a) of the Federal Service Labor-Management Relations Statute and
 part 2425 of the Authority's Rules and Regulations.
 
    The dispute in this matter concerns the Activity's suspension of the
 grievant for ten days for sleeping on duty.  The Arbitrator found, based
 upon evaluation of the testimony of the grievant and the grievant's
 supervisor, that it was reasonable to conclude that the grievant was
 asleep on duty.  The Arbitrator further found that imposition of the
 ten-day suspension was warranted, and concluded that the Activity did
 not violate the clause of the parties' collective bargaining agreement
 relating to discipline by suspending the grievant.  As his award, the
 Arbitrator denied the grievance.
 
    In its exception the Union argues that the award is illegal.  In this
 regard, the Union contends only that since the supervisor was the
 Activity's sol