29:1229(94)AR - AFGE, LOCAL 1012 VS VA MEDICAL CENTER



[ v29 p1229 ]
29:1229(94)AR
The decision of the Authority follows:


29 FLRA NO. 94



VETERANS ADMINISTRATION
MEDICAL CENTER

                   Activity

      and

LOCAL 1012, AFGE

                   Union

Case No. 0-AR-1422

DECISION

I. Statement of the Case

This matter is before the Authority on an exception to the award of Arbitrator Stephen Barasch 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. We deny the exception.

II. Background and Arbitrator's Award

The grievant was charged with 4 hours of absence without leave (AWOL) for failing to report for her scheduled 4-hour shift on the day in dispute. A grievance was filed and submitted to arbitration on the issue of whether the AWOL charge violated the parties' collective bargaining agreement. The Arbitrator denied the grievance. He found that the grievant had not complied with the requirement that she contact her immediate supervisor to obtain emergency annual leave. Accordingly, he ruled that the Union had not established that the Activity improperly classified the grievant as AWOL.

III. Discussion

In its exception the Union contends that the award is deficient because it sustains the Activity's action of classifying the grievant as AWOL rather than granting her emergency annual leave, which action was arbitrary and capricious.

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 S