32:0961(136)AR - - Army, HQ, Army Material Command and NFFE Local 1332 - - 1988 FLRAdec AR - - v32 p961
[ v32 p961 ]
The decision of the Authority follows:
32 FLRA No. 136
UNITED STATES OF AMERICA
FEDERAL LABOR RELATIONS AUTHORITY
DEPARTMENT OF THE ARMY
HEADQUARTERS, U.S. ARMY
NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 1332
Case No. 0-AR-1533
I. Statement of the Case
This matter is before the Authority on exceptions to the award of Arbitrator Millard Cass. The Arbitrator found that the Activity's 3-day suspension of the grievant was justified, and he denied the grievance.
The Union filed exceptions 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 Department of the Army (the Agency) filed an opposition on behalf of the Activity.
We conclude that the Union has failed to establish that the award is deficient because (1) the Arbitrator erred; (2) the award is based on a gross misstatement of facts; or (3) the Arbitrator disregarded decisions of other arbitrators in similar cases. Accordingly, we will deny the exceptions.
II. Background and Arbitrator's Award
As a result of a confrontation between the grievant and his supervisor over the grievant's tardiness, the grievant was suspended for 3 days for "threatening or attempting to inflict bodily harm without bodily contact." Specifically, he was charged with shaking his fist in his supervisor's face and stating that "I'd better get out of here before I hit you" during the confrontation. Arbitrator's Award at 2. The grievant filed a grievance over the suspension. The grievance was submitted to arbitration on the issue of whether there was just cause for the suspension.
Before the Arbitrator