48:0476(45)AR - - DOD, Defense Commissary Agency, Pearl Harbor, HI and IAM, Hawaii Federal Lodge 1998 - - 1993 FLRAdec AR - - v48 p476



[ v48 p476 ]
48:0476(45)AR
The decision of the Authority follows:


48 FLRA No. 45

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

U.S. DEPARTMENT OF DEFENSE

DEFENSE COMMISSARY AGENCY

PEARL HARBOR, HAWAII

(Agency)

and

INTERNATIONAL ASSOCIATION OF MACHINISTS AND

AEROSPACE WORKERS

HAWAII FEDERAL LODGE 1998

(Union)

0-AR-2382

_____

DECISION

September 3, 1993

_____

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 Harvey A. Shapiro 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 contesting the grievant's 5-day suspension. For the following reasons, we conclude that there is no basis on which to find the award deficient. Accordingly, we will deny the exceptions.

II. Background and Arbitrator's Award

The grievant is a cash clerk in the Pearl Harbor Naval Base Commissary Store. She was suspended for 5 days for the alleged improper use of coupons to obtain merchandise from the Commissary Store on September 30 and October 2, 1991, and for attempting to improperly use coupons in the same manner on an unspecified date in October 1991. The grievant filed a grievance protesting the suspension. The grievance was not resolved and was submitted to arbitration on the following issues stipulated by the parties:

1. Was the disciplinary action taken for justifiable reason?

2. Was the penalty reasonable?

Award at 2.

The Agency contended before the Arbitrator that the grievant had persuaded a cashier to accept merchandise coupons that were intended to give one free item for each item purchased so that the grievant would receive two items without having to pay any money. The cashier testified that she had complied with the grievan