29:1357(113)AR - FEMTC VS NAVY, NAVAL SHIPYARD, MARE ISLAND
[ v29 p1357 ]
The decision of the Authority follows:
29 FLRA No. 113 MARE ISLAND NAVAL SHIPYARD Activity and FEDERAL EMPLOYEES METAL TRADES COUNCIL Union Case No. 0-AR-1428
I. Statement of the Case
This matter is before the Authority on exceptions to the award of Arbitrator William W. Ward 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 removed from his position for being absent without leave. He filed a grievance which was submitted to arbitration on the issue of whether the removal was for just cause. Before the Arbitrator, the grievant contended that his absence was the result of an on-the-job injury and was therefore authorized.
The Arbitrator determined that while the record established that the grievant was absent without leave, there was not just cause for removing him. Rather, he found that, based on the length of the grievant's employment and his lack of prior discipline, a suspension would have been a more appropriate penalty. As his award, the Arbitrator ordered the Activity to reinstate the grievant in his former position, but with no backpay or benefits fro