22:0448(44)AR - AFGE Local 3230 and EEO -- 1986 FLRAdec AR



[ v22 p448 ]
22:0448(44)AR
The decision of the Authority follows:


 22 FLRA No. 44
 
 AMERICAN FEDERATION OF GOVERNMENT 
 EMPLOYEES, LOCAL 3230, AFL-CIO
 Union
 
 and
 
 EQUAL EMPLOYMENT OPPORTUNITY 
 COMMISSION
 Agency
 
                                            Case No. 0-AR-1064
 
                                 DECISION
 
                         I.  STATEMENT OF THE CASE
 
    This matter is before the Authority on an exception to the award of
 Arbitrator Joe H. Henderson filed by the Agency under section 7122(a) of
 the Federal Service Labor-Management Relations Statute and part 2425 of
 the Authority's Rules and Regulations.
 
                  II.  BACKGROUND AND ARBITRATOR'S AWARD
 
    On June 5, 1984, the grievant was issued a notice of decision
 suspending him for two days for failing to follow instructions of his
 supervisor.  On June 21, 1984, the grievant filed with the Agency a
 formal complaint of discrimination because of race and reprisal.  In the
 complaint the grievant alleged that he had been subjected to unwarranted
 disciplinary actions because he was black and as a reprisal for
 representing a former employee in a hearing on her complaint of
 discrimination.  He claimed that his work had been subjected to greater
 scrutiny, that he had been unfairly counseled, and that he had been
 verbally harassed on a recurring basis.  He also claimed that blacks, as
 a class, were subjected to disparate discipline and received fewer
 incentive aw