30:0482(61)AR - Oklahoma City Air Logistics Center, Tinker AFB, OK and AFGE Local 916 -- 1987 FLRAdec AR



[ v30 p482 ]
30:0482(61)AR
The decision of the Authority follows:



 30 FLRA NO. 61
 30 FLRA 482

  14 DEC 1987



OKLAHOMA CITY AIR LOGISTICS CENTER
TINKER AIR FORCE BASE, OKLAHOMA

                   Activity

      and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 916, AFL-CIO

                   Union

Case No. 0-AR-1389

DECISION

     I. Statement of the Case

     This case is before the Authority on exceptions to the award
of Arbitrator John A. Bailey, which sustained a reprimand of the
grievant for disrupting work. The exceptions were 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, alleging that the award is
contrary to the evidence and testimony presented. For the reasons
discussed below, we find that the Union has failed to establish
that the award is deficient as alleged. Accordingly, we will deny
the exceptions.

     II. Background and Arbitrator's Award

     The grievant was reprimanded for having disrupted work by
soliciting union membership during working hours. The grievant
was not a union official at the time of the incident. The parties
submitted to arbitration the question of whether the reprimand
was for just cause and whether it violated the parties'
collective bargaining agreement. The Arbitrator determined that
the evidence supported the conclusion that the grievant
wrongfully solicited union membership during work time. He denied
the grievance. 

     III. Discussion

     The Union argues that the Arbitrator erred in not finding
that the Activity violated its own regulations and the parties'
agreement by reprimanding the grievant and that the award is
contrary to the evidence and testimony presented at the
hearing.

     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. Specifically, the Union has
failed to establish 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 the Federal courts in private sector
labor relations cases. See, for example, Oklahoma Air Logistic
Center, Tinker Air Force Base, Oklahoma and American Federation
of Government Employee, Local 916, Oklahoma City, Oklahoma, 30 
FLRA  No. 5 (1987) (exceptions which constitute nothing more than
disagreement with an arbitrator's interpretation of an agreement
and reasoning and conclusions and an attempt to relitigate the
merits of a grievance before the Authority provide no basis for
finding an award deficient); Veterans Administration Medical
Center, Kansas City, Missouri and American Federation of
Gove