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 sole witness to the grievant's conduct, and the dispute
 involves the supervisor's word against the grievant's, the Arbitrator
 did not have the requisite degree of proof, i.e., that a preponderance
 of the credible evidence, to conclude that the grievant had been asleep
 on duty.
 
    Upon careful consideration of the entire record before the Authority,
 including the parties' contentions, the Authority concludes that the
 Union has failed to establish that the Arbitrator's award is contrary to
 law.  The Union's contentions merely constitute disagreement with the
 Arbitrator's determinations concerning the credibility of the witnesses
 and the weight to be given to their testimony.  Such assertions do not
 constitute a basis for finding the award deficient.  E.g., Federal
 Aviation Science and Technological Association and Federal Aviation
 Administration, Albuquerque Airway Facilities Sector, Southwest Region,
 2 FLRA 679 (1980);  Rock Island Arsenal, Rock Island, Illinois and
 National Association of Government Employees, Local R7-72, 7 FLRA No.
 124 (1982).
 
    Accordingly, the Union's exception is denied.  Issued, Washington,
 D.C. June 13, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Memb