31:0754(49)AR - Defense Logistics Agency and AFGE Local 2501 -- 1988 FLRAdec AR



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31:0754(49)AR
The decision of the Authority follows:


 31 FLRA NO. 49
 31 FLRA 754 (1988)
    09 MAR 1988

DEFENSE LOGISTICS AGENCY

                   Agency

        and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL No. 2501

                   Union

Case No. 0-AR-1456

ORDER DISMISSING EXCEPTION

     This matter is before the Authority on an exception to the
award of Arbitrator Ralph C. Barnhart filed by the Agency under
section 7122(a) of the Federal Service Labor - Management
Relations Statute (the Statute) and part 2425 of the Authority's
Rules and Regulations. Because the Arbitrator's award concerns a
removal from service, we find that we are without jurisdiction to
review the Agency's exception.

     The Agency removed the grievant from Federal service because
he had been intoxicated while on duty twice and absent without
leave once. The Arbitrator found that the grievant's removal
violated the parties' collective bargaining agreement. As his
award, the Arbitrator: (1) rescinded the grievant's removal and
reduced the penalty to a 5-day suspension; (2) restored the
grievant to his former position; and (3) granted the grievant
backpay with interest at 9 percent for the time lost.

     The Agency filed an exception only to that portion of the
Arbitrator's award which directed the payment of interest to the
grievant. The Union did not file an opposition.

     Section 7122(a) of the Statu