19:0547(73)AR - HHS, SSA Region X, Seattle, WA and AFGE Local 3937 -- 1985 FLRAdec AR



[ v19 p547 ]
19:0547(73)AR
The decision of the Authority follows:


 19 FLRA No. 73
 
 DEPARTMENT OF HEALTH AND HUMAN SERVICES,
 SOCIAL SECURITY ADMINISTRATION,
 REGION X, SEATTLE, WASHINGTON
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 3937
 Union
 
                                            Case No. O-AR-913
 
                                 DECISION
 
    This matter is before the Authority on an exception to the award of
 Arbitrator William H. Dorsey 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 grievance before the Arbitrator alleged that the Activity
 violated the parties' collective bargaining agreement when it
 reprimanded the grievants in writing for assertedly continuing to
 rearrange office furniture after they had been ordered to cease such
 action by their supervisor.  The Arbitrator found that the grievants
 were not disciplined for just cause as required by the parties'
 agreement and as part of his award ordered, in pertinent part:
 
          (B) In the nature of mandatory injunctive relief:  As soon as
       possible after receipt of this DECISION AND AWARD, the Employer is
       directed to place in the permanent personnel files of each of the
       grievant . . . a copy of this DECISION AND AWARD and of the
       Arbitrator's accompanying OPINION in this case.
 
    In its exception, the Union contends, among other things, that Part B
 of the Arbitrator's award violates Government-wide regulations
 pertaining to maintenance of employee personnel records.  The Authority
 agrees.
 
    Federal Personnel Manual Supplement 293-31, Subchapter S5-5, which
 governs the contents of an official personnel folder (OPF), provides
 that letters of reprimand are temporary rather than permanent personnel
 records and that under no circumstances may such letters be retained in
 an OPF for longer than three years unless the agency has received an
 exception from the Office of Personnel Management.  In terms of this
 case, Part B of the Arbitrator's award in effect directs that a record
 of the grievants' reprimands be retained permanently in the OPF of each
 of the grievants.  Thus, the portion of the award here in dispute is
 deficient as contrary to FPM Supplement 293-31, Subchapter S5-5 and must
 be modified.
 
    Accordingly, the Arbitrator's award is modified by striking Part B.
 Issued, Washington, D.C. August 12, 1985
                                       Henry B. Frazier, III, Acting
                                       Chairman
                                       William J. McGinnis, Jr., Member
                                       FEDERAL LABOR