39:0896(78)AR - - AFGE, Council 236 and GSA - - 1991 FLRAdec AR - - v39 p896



[ v39 p896 ]
39:0896(78)AR
The decision of the Authority follows:


39 FLRA No. 78

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

COUNCIL 236

(Union)

and

GENERAL SERVICES ADMINISTRATION

REGION 9

(Agency)

0-AR-1993

ORDER DISMISSING EXCEPTIONS

February 28, 1991

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 John B. LaRocco 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. The Agency did not file an opposition to the Union's exceptions.

In his award, the Arbitrator reduced the grievant's suspension for 30 days to a suspension for 10 days. For the reasons stated below, we conclude that we are without jurisdiction under section 7122(a) of the Statute to review the Union's exceptions.

II. Background and Arbitrator's Award

The matter submitted to arbitration concerned the 30-day suspension of the grievant, a Union representative, for use of a Government-owned vehicle for other than official purposes. The Union argued that the issue to be arbitrated should be whether Union representational functions constitute the official business of the Agency and whether the grievant was performing authorized representational functions when he used a Government vehicle. However, the Arbitrator rejected the Union's statement of issue and adopted the Agency's position that the issue concerned the disciplinary matter of the Agency's 30-day suspension of the grievant and whether the suspension was for just cause. The Arbitrator found that because the grievant used the Government vehicle without permission, some discipline was justified. However, he also found that a suspension for 30 days was arbitrary and excessive. Therefore, he ordered that the 30-day suspension be replaced with a 10-day suspension for unauthorized use of a Government-owned vehicle.

III.