12:0192(47)AR - Federal Employees MTC and DOD, Navy, Portsmouth Naval Shipyard -- 1983 FLRAdec AR



[ v12 p192 ]
12:0192(47)AR
The decision of the Authority follows:


 12 FLRA No. 47
 
 FEDERAL EMPLOYEES METAL
 TRADES COUNCIL
 Union
 
 and
 
 DEPARTMENT OF DEFENSE,
 DEPARTMENT OF THE NAVY,
 PORTSMOUTH NAVAL SHIPYARD
 Activity
 
                                            Case No. O-AR-311
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Albert G. Murphy 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 dispute in this matter concerns the suspension of the grievant
 for 10 days for entering a restricted area in violation of safety
 regulations.  A grievance was filed and submitted to arbitration
 questioning whether the discipline was handled in accordance with the
 provision of the parties' collective bargaining agreement pertaining to
 union representation and whether the grievant was disciplined for just
 cause.
 
    In agreement with the Union, the Arbitrator determined that under the
 parties' collective bargaining agreement, the statement made by the
 grievant to an investigator of the radiation protection branch could not
 be used as a basis for the suspension of the grievant.  However,
 contrary to the Union's position, the Arbitrator determined that the
 suspension wa