12:0607(112)AR - VA, Audie L. Murphy Hospital and AFGE Local 3511 -- 1983 FLRAdec AR



[ v12 p607 ]
12:0607(112)AR
The decision of the Authority follows:


 12 FLRA No. 112
 
 VETERANS ADMINISTRATION,
 AUDIE L. MURPHY HOSPITAL
 Activity
 
 and
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES,
 LOCAL 3511
 Union
 
                                            Case No. O-AR-322
 
                                 DECISION
 
    This matter is before the Authority on an exception to the award of
 Arbitrator John F. Caraway filed by the Activity 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.  The Activity maintained that the grievant filed for
 continuation of regular pay alleging that he had injured his back while
 in the performance of his duties.  Because the Activity concluded that
 the grievant's injury occurred off the job, the grievant was charged
 with falsification of an official document for filing the claim for
 continuation of pay.  A grievance was filed and submitted to arbitration
 on the issue of whether the Activity had just cause to suspend the
 grievant.
 
    The Arbitrator determined that there was no merit to the Activity's
 contention that the grievant filed a false claim for an injury which did
 not occur on the job and that the testimony as to where the injury
 occurred was irreconcilable.  Consequently, the Arbitrator ruled that
 the Agency had not proved that the suspension of the grievant was for
 just cause.  As the award, the Arbitrator therefore sustained the
 grievance and ordered the suspension rescinded.
 
    In its exception the Activity contends that "(t)he Arbitrator has
 made an erroneous interpretation of law and in his decision has
 misstated the facts." The Authority concludes that the exception does
 not establish that the award is deficient.  In arguing that the
 Arbitrator erroneously interpreted law and misstated facts, the Activity
 is merely disagreeing with the Arbitrator's findings of fact, his
 evaluation of evidence and testimony, and his reasoning in reaching his
 conclusion that the Activity had not proved that the suspension was for
 just cause.  Accordingly, the exception provides no basis for finding
 the award deficient and is denied.  See, e.g., Supervisor of
 Shipbuilding, Conversion and Repair, United States Navy and Local R4-2,
 National Association of Government Employees (NAGE), 5 FLRA No. 29
 (1981).  Issued, Washington, D.C., August 16, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member