13:0133(32)AR - Naval Weapons Station, Yorktown, Virginia and NAGE Local R4-96 -- 1983 FLRAdec AR



[ v13 p133 ]
13:0133(32)AR
The decision of the Authority follows:


 13 FLRA No. 32
 
 NAVAL WEAPONS STATION,
 YORKTOWN, VIRGINIA
 (Activity)
 
 and
 
 NATIONAL ASSOCIATION OF
 GOVERNMENT EMPLOYEES,
 LOCAL R4-96
 (Union)
 
                                            Case No. O-AR-519
 
                                 DECISION
 
    This matter is before the Authority on an exception to the award of
 Arbitrator Robert J. Ables filed on behalf of 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 six days for alleged unauthorized possession of marijuana in
 violation of an Activity regulation, based upon the finding of the
 residue of a marijuana cigarette in the grievant's automobile during a
 security search.  The Arbitrator determined that the Activity had
 demonstrated that the grievant violated the applicable "zero tolerance"
 standard of the regulation and that some penalty was justified.
 However, in the circumstances presented he concluded that a reduction of
 the suspension was warranted.  Therefore, the Arbitrator denied the
 grievance, but reduced the suspension from six days to three days.
 
    As its exception, the Union contends that the Arbitrator's award is
 contrary to law, rule or regulation.  Mo