28:0967(125)AR - AFGE, LOCAL 1760 VS HHS, SSA, OFFICE OF HEARINGS A



[ v28 p967 ]
28:0967(125)AR
The decision of the Authority follows:


28 FLRA NO. 125



OFFICE OF HEARINGS AND APPEALS
SOCIAL SECURITY ADMINISTRATION

               Activity

       and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1760, AFL-CIO

               Union

Case No. 0-AR-1399

DECISION

I. Statement of the Case

This matter is before the Authority on an exception to the award of Arbitrator Leonard Irsay 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. The Social Security Administration filed an opposition. For the reasons stated below, the Union's exception is denied.

II. Background and Arbitrator's Award

The grievant is a hearing assistant in the Office of Hearings and Appeals of the Social Security Administration. She was suspended for 5 days for unacceptable behavior and insubordination after refusing to accept a reprimand notice and another document without her union representative present. The Arbitrator framed the issue before him as whether the grievant's suspension was for just cause and if not, what should be the remedy.

The Arbitrator found that the grievant was insubordinate in refusing to comply with the supervisor's clear and proper order. The Arbitrator also found, how