34:0178(39)AR - - AFGE Local 3404 and Army, Army Materials and Mechanics Research Center, Watertown, MA - - 1990 FLRAdec AR - - v34 p178

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34 FLRA No. 39

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 3404

and

U.S. DEPARTMENT OF THE ARMY

ARMY MATERIALS AND MECHANICS RESEARCH CENTER

WATERTOWN, MASSACHUSETTS

0-AR-1711

DECISION

January 9, 1990

Before Chairman McKee and Members Talkin and Armendariz.

I. Statement of the Case

This matter is before the Authority on exceptions to the award of Arbitrator Mark L. Irvings filed by the American Federation of Government Employees, Local 3404 (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. The Army Materials and Mechanics Research Center, Watertown, Massachusetts (the Activity) did not file an opposition to the Union's exceptions.

The grievant was suspended for 14 days for the unauthorized possession of Government property. The Arbitrator found that substantial evidence supported the Activity's discipline of the grievant and denied the Union's grievance. The Union excepts to the Arbitrator's award, contending that the Arbitrator erred in finding that the evidence supported the discipline.

For the reasons that follow, we conclude that the Union has failed to establish that the award is deficient on any of the grounds set forth in section 7122(a) of the Statute. Accordingly, we deny the exceptions.

II. Background and Arbitrator's Award

On November 18, 1987, the grievant was observed placing a number of snow shovels in the trunk of his private car. This incident was reported to the Activity's security office.

When questioned by a security officer, the grievant admitted that the snow shovels were Government property and that he intended to use them for other than Government purposes. Award at 3, 11. After an investigation by the security office, it was determined