45:0817(75)AR - - AFGE Local 2017 and Army Signal Center and Fort Gordon, Fort Gordon, GA - - 1992 FLRAdec AR - - v45 p817
[ v45 p817 ]
The decision of the Authority follows:
45 FLRA No. 75
Before Chairman McKee and Member Talkin.*/
I. Statement of the Case
This matter is before the Authority on exceptions to an award of Arbitrator Bernard H. Cantor 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 filed an opposition to the Union's exceptions.
The Arbitrator denied a grievance alleging that the Agency incorrectly evaluated the status of the grievant with regard to the weight it gave to his military service, including his status as a disabled veteran, in determining his rights as a civilian employee of the Agency when the Agency conducted a reduction-in-force (RIF). 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 held a position as a civilian employee of the Agency. Previously, he had served in the military and had retired from military service with an honorable discharge and a 60 percent permanent disability as a result of an injury which occurred while the grievant was on active duty during a period of war. The grievant receives retirement pay, calculated to include his disability, based on his military service.
During a RIF, a question was raised regarding the veterans preference to which the grievant was entitled for purposes of his retention status