40:1012(87)AR - - Federal Employees Metal Trades Council and Navy, Long Beach Naval Shipyard Long Beach, CA - - 1991 FLRAdec AR - - v40 p1012
[ v40 p1012 ]
The decision of the Authority follows:
40 FLRA No. 87
Before Chairman McKee and Members Talkin and Armendariz.
I. Statement of the Case
This matter is before the Authority on exceptions to an award of Arbitrator Spencer M. Howard. The Arbitrator denied a grievance disputing the 10-day suspension of the grievant for on-the-job carelessness.
The Union filed exceptions to the award 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.
For the following reasons, we conclude that the Union's exceptions provide no basis for finding the award deficient. Accordingly, we will deny the exceptions.
II. Background and Arbitrator's Award
The grievant, a journeyman welder, was assigned to assist in "applying heat to a deck socket . . . by use of a torch." Award at 1. The grievant did not determine whether the area was free of gas before applying heat to the deck socket. As a result, an explosion occurred and a co-worker was injured.
After receiving a 10-day suspension for failing to determine whether the area was free of gas, the grievant filed a grievance. When the grievance was not resolved, it was submitted to arbitration. The Arbitrator framed the issue as follows:
[W]hether the ten days' suspension of the grievant . . . should stand or be reversed.
The Arbitrator stated that Article 25, Section 1 of the parties' collective bargaining agreement provides that "[i]t is agreed that employees have the responsibility in observing safety precautions and will strive to develop safe work habits . . . ." Id. at 2. The Arbitrator also stated that Agency procedures require that a "'green' tag" be dated and placed on an enclosed tank to indicate that the area is free of gas and that employees are to check the tag before beginning work. Id. The Arbitrator found, however, that the grievant did not check the green tag before starting to weld. The Arbitrator noted that the grievant had taken safety training and wa