48:0003(1)AR - - Dept. of the Air Force, 2750th AFB Wing (AFLC), Wright-Patterson AFB, Ohio and IAM, Local 2333 - - 1993 FLRAdec AR - - v48 p3
[ v48 p3 ]
The decision of the Authority follows:
48 FLRA No. 1
FEDERAL LABOR RELATIONS AUTHORITY
U.S. DEPARTMENT OF THE AIR FORCE
2750TH AIR FORCE BASE WING (AFLC)
WRIGHT-PATTERSON AIR FORCE BASE, OHIO
INTERNATIONAL ASSOCIATION OF MACHINISTS AND
AEROSPACE WORKERS, LOCAL 2333
August 2, 1993
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 W. Scott Thomson 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 a 3-day suspension of an employee for making threatening remarks to co-workers. For the following reasons, we conclude that the Union has failed to establish that the award is deficient. Accordingly, we will deny the Union's exceptions.
II. Background and Arbitrator's Award
The Agency charged that the grievant, a mason, made threatening remarks to his co-workers during a shop meeting and suspended the grievant for 3 days. The grievant filed a grievance over the suspension and, when the grievance was not resolved, it was submitted to arbitration. The Arbitrator stated the issue as "[w]hether the [e]mployer had just cause to issue [g]rievant a three (3) day suspension?" Award at 3.
The Arbitrator summarized the facts as follows. In November 1991, the grievant's supervisor advised the grievant that he had been reported sitting in a truck for 2 hours when he should have been working. At a subsequent shop meeting, the grievant addressed his co-workers in a loud tone and stated: "'[I]f I catch someone telling on me, I don't know what I would do.'" Id. at 4. The grievant was visibly angry during the meeting. Thereafter, five of the 18 persons who attended the meeting complained to the employee's supervisor that they felt physically threatened by the grievant. At the arbitration hearing, four witnesses described the grievant's remarks as offensive and stated that the remarks "far exceeded [the] normal shop talk." Id. at 5.
The Arbitrator noted that the grievant admitted making the above-quoted statement. Based on the testimony and evidence offered at the hearing, the Arbitrator concluded that, despite the grievant's assertion that he did not intend to threaten anyone, the persons present "had every justification to conclude" that "a physical attack to them was a true possibility." Id. The Arbitrator also concluded, therefore, that there was just cause for the suspension and denied the grievance.
The Union argues that the award is deficient because the Arbitrator "failed to take into consideration the main issues . . . ." Exceptions at 1. In this regard, the Union asserts its belief that the disputed suspension was issued by the Agency in retaliation for Union and other protected activity allegedly engaged in by the grievant. The Union also argues that the Arbitrator did not base his decision on the evidence presented.
IV. Analysis and Conclusions
Under section 7122(a) of the statute an arbitration award will be found deficient: (1) if it is contra