48:1393(146)AR - - AFGE, Local 1840 & Air Force, 12th MSSQ / MSCE, Randolph AFB, TX - - 1994 FLRAdec AR - - v48 p1393
[ v48 p1391 ]
The decision of the Authority follows:
48 FLRA No. 146
FEDERAL LABOR RELATIONS AUTHORITY
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
U.S. DEPARTMENT OF THE AIR FORCE
RANDOLPH AIR FORCE BASE, TEXAS
January 12, 1994
Before Chairman McKee and Members Talkin and Armendariz.
I. Statement of the Case
This matter is before the Authority on an exception to an award of Arbitrator W. B. Nelson 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 exception.
The Arbitrator denied a Union grievance claiming that the Agency should take corrective action against a supervisor who gave a personal gift to an employee at the employee's retirement party because the gift was insulting and demeaning to the employee, his family, and his friends. For the following reasons, we deny the Union's exception.
II. Background and Arbitrator's Award
On July 1, 1992, an Agency supervisor presented a personal retirement gift to an employee at the employee's retirement party. The party was attended by Agency employees and the employee's wife, daughter, and grandchildren. The supervisor and the employee had worked together for 20 years and were personal friends. Because of his long work relationship and friendship with the employee, the supervisor and his wife decided to make a humorous gift depicting the employee on the employee's farm. The gift included an audio tape.
The Union filed a grievance claiming that the supervisor's gift was inappropriate because the scene it depicted, together with a portion of the audio tape, defamed the employee's character and amounted to sexual harassment. The Union took the position that the Agency should take corrective action against the supervisor on the grounds of misconduct under the parties' collective bargaining agreement and the Agency's regulation