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56 FLRA No. 74
Social Security Administration, Detroit Northwest Regional Office Detroit, Michigan and American Federation of Government Employees Local 3239 (Morgan, Arbitrator), 0-AR-3251 (Decided July 7, 2000)
The Arbitrator determined that the suspension of the grievant for discourtesy was not based on just cause, and set aside the suspension. The Authority concluded that the Agency failed to establish that the award was deficient.
Before the Authority, the Agency argued that the Arbitrator's interpretation of section 7503(a) interfered with its right to discipline employees under to section 7106(a)(2)(A). The Authority noted its framework for resolving exceptions alleging that an award violates management's rights under section 7106 as set forth in 53 FLRA 146. Applying the standard, the Authority found that the award enforced a requirement of section 7503(a), which constituted an "applicable law" within the meaning of section 7106(a)(2) of the Statute. The Authority also noted that an arbitrator's enforcement of a just cause provision in a collective bargaining agreement "operates in effect to reconstruct what management would have done had the provision been followed." The Authority concluded that the Agency failed to demonstrate that the Arbitrator's award was contrary to law.