28:0081(17)AR - MECHANICSBURG FEDERAL EMPLOYEES, LOCAL 1170 VS DOD -- 1987 FLRAdec AR
[ v28 p81 ]
The decision of the Authority follows:
28 FLRA NO. 17 DEFENSE LOGISTICS AGENCY, DEFENSE DEPOT MECHANICSBURG, MECHANICSBURG, PENNSYLVANIA Activity and MECHANICSBURG FEDERAL EMPLOYEES, AFL-CIO, LOCAL UNION NO. 1170, LABORERS' INTERNATIONAL UNION OF NORTH AMERICA, MECHANICSBURG, PENNSYLVANIA Union Case No. 0-AR-1299
I. Statement of the Case
This matter is before the Authority on an exception to the award of Arbitrator J. A. Raffaele filed on behalf of the Activity by the Defense Logistics Agency (the Agency) under section 7122(a) of the Federal Service Labor - Management Relations Statute (the Statute) and part 2425 of the Authority's Rules and Regulations.
II. Background and Arbitrator's Award
The grievant was employed at the Activity as a Warehouse Worker (Forklift Operator), WG-6907-5. While off duty because of a job-related back injury, he lost his vision in one eye due to an accident. When he returned to duty, an Activity physician recommended that he be reassigned to new duties which did not require vision in both eyes or driving a forklift. However, the grievant's physician determined that the grievant could perform the duties in his position description. The grievant also established that he was licensed to drive his own personal automobile and an emergency vehicle he drove as a volunteer fireman.
On the basis of the medical report of its physician, the Activity refused to permit the grievant to return to his position. A grievance was filed concerning the Activity's action, seeking to return the grievant to his position, with backpay. During the course of the grievance, the Activity offered the grievant a position as a Mail Process Equipment Operator, GS-350-1, with saved pay, or a disability retirement. The grievant accepted the position but the grievance proceeded to arb