12:0614(115)AR - GSA Region 8 and AFGE Council 236 -- 1983 FLRAdec AR



[ v12 p614 ]
12:0614(115)AR
The decision of the Authority follows:


 12 FLRA No. 115
 
 GENERAL SERVICES ADMINISTRATION
 REGION 8
 (Activity)
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, COUNCIL 236, AFL-CIO
 (Union)
 
                                            Case No. O-AR-547
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator George E. Bardwell filed by the Union pursuant to 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 for the alleged use of intoxicants on Government
 premises.  The Arbitrator described the issue as whether the suspension
 was arbitrable under the parties' current national and local collective
 bargaining agreements.  The Arbitrator found, in pertinent part, that by
 failing to timely respond to the Agency's notice of proposed suspension,
 the Union had forfeited the right to utilize the negotiated grievance
 machinery and grieve the suspension action.  Accordingly, as his award,
 the Arbitrator determined the matter was not arbitrable because of
 procedural untimeliness.
 
    In its exceptions, the Union contends in effect that the Arbitrator
 (1) exceeded his authority by framing the issue the way he did;  (2)
 erred in his