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58 FLRA No. 18
Social Security Administration, Lansing, Michigan and AFGE (Feldman, Arbitrator), 0-AR-3455 (Decided September 12, 2002)
The Arbitrator found that although the grievants' actions were improper, the Agency violated the parties' agreement by suspending the grievants for 2 days. As a remedy, he directed the Agency to give the grievants written warnings to be placed in their personnel files. The Authority concluded that the remedial portion of the award was deficient.
In this case, the Authority found the Arbitrator's imposition of a written warning did not constitute discipline as the parties defined it under Article 23 of their collective bargaining agreement. In effect, the Arbitrator, after finding that the Agency had just cause to discipline the grievants, set aside the disciplinary action in its entirety. The Authority noted that the Arbitrator found that the Agency had just cause to discipline the grievants, however, his award did not provide any form of discipline, and did not represent a plausible interpretation of the agreement, therefore, it failed to draw its essence from the agreement. Accordingly, the award was set aside.