34:0230(46)AR - NORFOLK NAVAL SHIPYARD and TIDEWATER VIRGINIA FEDERAL EMPLOYEES, METAL TRADES COUNCIL -- 1990 FLRAdec AR



[ v34 p230 ]
34:0230(46)AR
The decision of the Authority follows:


 34 FLRA NO. 46




                    NORFOLK NAVAL SHIPYARD

                             and

             TIDEWATER VIRGINIA FEDERAL EMPLOYEES
                     METAL TRADES COUNCIL

                           0-AR-1568

			   DECISION

     			January 11, 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 H. Raymond Cluster. The Arbitrator sustained
a grievance, in part, of an employee who was placed on
unauthorized leave for 1 day and who was also given a 1-day
suspension.

     The Tidewater Virginia Federal Employees Metal Trades
Council, AFL - CIO (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 Union alleges that the Arbitrator's award does
not draw its essence from the negotiated agreement and that the
award is based upon a nonfact. The Norfolk Naval Shipyard (the
Agency) did not file an opposition to the exceptions.

     We conclude that the Union has failed to establish that the
award is contrary to law, rule, regulation, or that it is
deficient on other grounds as set forth in section 7122(a) of the
Statute. Accordingly, we deny the Union's exceptions. 

II. Background and Arbitrator's Award

     The grievant is employed as an electrical worker at the
Agency. On May 13, 1987, the grievant requested 8 hours of annual
leave in order to see a doctor on May 15. Despite heavy
workloads, the grievant's supervisor granted the grievant's
request for annual leave on the condition that the grievant
present a certificate from the doctor on returning to work.

     On May 18, the grievant returned to work and presented a
doctor's certificate to his supervisor. The certificate, however,
contained an illegible signature by the examining doctor, whom
the grievant refused to identify. The supervisor subsequently
revoked approval of the grievant's leave request, placed the
grievant in an unauthorized leave status, and imposed a 1-day
suspension.

     The Union grieved the supervisor's action. The Agency denied
the grievance and the matter was submitted to arbitration.

     The Arbitrator found that the grievant could have requested
sick leave for his medical appointment, in accordance with the
provisions of the parties' collective bargaining agreement,
rather than requesting annual leave. However, since the grievant
requested annual leave, the Arbitrator determined that the
grievant's supervisor had the authority, under the agreement, t