44:0283(23)AR - - Air Force, OK Air Logistics Center, Tinker AFB, OK and AFGE Local 916 - - 1992 FLRAdec AR - - v44 p283
[ v44 p283 ]
The decision of the Authority follows:
44 FLRA No. 23
FEDERAL LABOR RELATIONS AUTHORITY
U.S. DEPARTMENT OF THE AIR FORCE
OKLAHOMA CITY AIR LOGISTICS CENTER
TINKER AIR FORCE BASE, OKLAHOMA
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
March 10, 1992
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 Royce S. Weisenberger 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.
The Arbitrator denied a grievance over the Agency's decision to suspend an employee for 5 days for leaving work early and reporting to work late. 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 received a 5-day suspension for leaving work early, reporting to work late, disrupting the work force, and being disrespectful to his supervisor. A grievance was filed over the suspension and, when the grievance was not resolved, it was submitted to arbitration.
As relevant here, the Arbitrator rejected the Union's arguments that the Agency interfered with the grievant's right to reply to the proposed suspension by failing to obtain the release from regular duties of the grievant's Union representative in order to enable the representative to prepare the reply. The Arbitrator found that the Agency was not obligated under Article 4, section 4.10(h) of the parties' collective bargaining agreement to arrange a meeting between the grievant and the representative to prepare the reply.