28:0364(58)AR - AFGE, LOCAL 916 VS AIR FORCE, AIR LOGISTICS CENTER
[ v28 p364 ]
The decision of the Authority follows:
28 FLRA NO. 58 DEPARTMENT OF THE AIR FORCE OKLAHOMA CITY AIR LOGISTICS CENTER, TINKER AIR FORCE BASE OKLAHOMA Agency and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES LOCAL 916, AFL-CIO Union Case No. 0-AR-1370
I. Statement of the Case
This matter is before the Authority on exceptions to the award of Arbitrator Barnett M. Goodstein 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 in this case was counseled for having used 177 hours of sick leave in approximately 7 months while having earned only 64 hours of such leave. The counseling also occurred because the grievant had taken sick leave in 1 or 2 day increments, many of which were in conjunction with weekends. A grievance was filed contesting the counseling and the matter was submitted to arbitration.
The Arbitrator framed the issue before him as follows: "Did the employer violate the provisions of the (parties') Agreement or any applicable regulations by counseling the grievant . . . for excessive usage of her sick leave." The Arbitrator determined, among other things, that: (1) the counseling was not disciplinary according to the parties' agreement and the Agency's regulations; and (2) the Union did not meet its burden of proving by a preponderance of the evidence that the Agency did not have just cause to counsel the grievant. As his award, the Arbitrator denied the grievance.
The Union contends that the award is deficient because it is contrary to various sections of the parties' agreement and Air Force regulations.
We conclude that the Union has failed to establish that the Arbitrator's award is deficient on any of the grounds set forth in section 7122 (a) of the Statute; that is, that the award is contrary to any law, rule or regulation, or that the award is deficient on other grounds similar to those applied by Federal courts in private sector labor-management relations. See, for example, Air Force Logistics Commend, Tinker Air Force Base and American Federation of Government Employees, Local Union 916, Council 214, 27 FLRA No. 21 (1987) (denying exceptions alleging that the award is contrary to Air Force regulation and the parties' agreement) and the cases cited therein. Accordingly, the Union's exceptions are denied.
Issued, Washington. D.C., July 31, 1987.
Jerry L. Calhoun, Chairman
Henry B. Frazier