12:0236(53)AR - AFGE Council 236 and GSA, National Capital Region -- 1983 FLRAdec AR



[ v12 p236 ]
12:0236(53)AR
The decision of the Authority follows:


 12 FLRA No. 53
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, COUNCIL 236
 (Union)
 
 and
 
 GENERAL SERVICES ADMINISTRATION,
 NATIONAL CAPITAL REGION
 (Activity)
 
                                            Case No. O-AR-530
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Jack A. Warshaw 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 suspension of the grievant
 for three days because of his failure to report damage to a Government
 vehicle during the period it was assigned to him, as required by an
 Agency regulation.  Noting that this was a case where resolution
 necessarily depended upon circumstantial evidence since there were no
 eyewitnesses to the cause of the damage, the Arbitrator found that the
 grievant was aware of the damage and failed to report it as required.
 The Arbitrator concluded that the Agency's action was neither arbitrary
 nor capricious and that just cause had been established for the
 grievant's suspension.  Accordingly, as his award, the Arbitrator denied
 the grievance.
 
    In its exceptions, the Union essentially argues that the Arbitrator
 based