46:0481(42)AR - - Navy, Naval Air Warfare Center, Aircraft Division, Warminster, PA and AFGE Local 1928 - - 1992 FLRAdec AR - - v46 p481



[ v46 p481 ]
46:0481(42)AR
The decision of the Authority follows:


46 FLRA No. 42

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF THE NAVY

NAVAL AIR WARFARE CENTER

AIRCRAFT DIVISION

WARMINSTER, PENNSYLVANIA

(Agency)

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 1928

(Union)

0-AR-2281

ORDER DISMISSING EXCEPTIONS

November 5, 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 Robert H. Mount filed by the Agency 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 filed an opposition to the Agency's exceptions.

The Arbitrator mitigated the Agency's discipline of a firefighter by reducing his suspension from 10 working days of 24-hour duration to 10 working days of 8-hour duration and awarding backpay for the resulting difference in lost pay. The Agency contends that the award is based on a nonfact and is contrary to an Agency regulation.

We conclude that we are without jurisdiction under section 7122(a) of the Statute to review the Agency's exceptions. Accordingly, we will dismiss the exceptions.

II. Background and Arbitrator's Award

The Agency suspended the grievant for 9 working days for insubordination and 1 working day for failure to carry out a work assignment. The grievant is a firefighter whose work schedule consists of three 24-hour tours of duty each week, totalling 144 hours in a 2-week pay period. The grievant filed a grievance protesting the suspension. The grievance was not resolved and was submitted to arbitration.