28:0299(42)AR - AFGE, LOCAL 85 VS VA MEDICAL CENTER



[ v28 p299 ]
28:0299(42)AR
The decision of the Authority follows:


28 FLRA NO. 42

VETERANS ADMINISTRATION
LEAVENWORTH, KANSAS MEDICAL CENTER

              Agency

         and

AMERICAN FEDERATION OF GOVERNMENT

Union

Case No. 0-AR-1373

DECISION

I. Statement of the Case

This matter is before the Authority on an exception to the award of Arbitrator Henry M. Grether filed by the Union 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 charged with being absent without leave (AWOL) from August 3 through 18, 1986 and was given a written admonishment for failure to properly notify his supervisor of his incapacity to work. A grievance was filed contesting the disciplinary action. At the third step of the grievance procedure, the AWOL charge was withdrawn and the admonishment was sustained. The matter was then submitted to arbitration on the issue of whether there was just and sufficient cause for the admonishment.

The Arbitrator found that the parties' agreement requires an employee who expects to be absent more than 1 day to inform the supervisor of the expected date of return to duty and to notify the supervisor of any change. He found that the grievant failed to comply with the a