13:0068(15)AR - AFGE Local 1917 and INS -- 1983 FLRAdec AR



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13:0068(15)AR
The decision of the Authority follows:


 13 FLRA No. 15
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 1917, AFL-CIO
 (Union)
 
 and
 
 U.S. IMMIGRATION AND NATURALIZATION
 SERVICE
 (Activity)
 
                                            Case No. O-AR-492
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Evelyn Brand 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 reprimand of the grievant for
 fighting with another employee while on duty.  A grievance was filed and
 submitted to arbitration on the issue of whether the reprimand was for
 just and sufficient cause and for such reasons as will promote the
 efficiency of the Service, as provided in the parties' agreement.  The
 Arbitrator denied the grievance.
 
    In its exceptions, the Union contends that (1) the Arbitrator refused
 to hear pertinent and material evidence;  (2) the award is based on a
 nonfact in that the Arbitrator ignored certain testimony and accepted
 other evidence;  (3) the award is so ambiguous as to make implementation
 impossible;  (4) the award does not draw its essence from the collective
 bargaining agreement in that the Activity did not meet the prescribed
 burden of proof;  and (5) the award is contrary to law, rule o