12:0194(48)AR - GSA and AFGE Local 1733 -- 1983 FLRAdec AR
[ v12 p194 ]
12:0194(48)AR
The decision of the Authority follows:
12 FLRA No. 48
GENERAL SERVICES ADMINISTRATION
(Agency)
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1733
(Union)
Case No. O-AR-472
DECISION
This matter is before the Authority on an exception to the award of
Arbitrator Nicholas H. Zumas filed by the Union under section 7122(a) of
the Federal Service Labor-Management Relations Statute and part 2425 of
the Authority's Rules and Regulations.
The dispute in this matter concerns the Agency's reprimand of the
grievant, a Federal Protective Officer, for insubordination in refusing
to comply with the instructions of a supervisor to issue a ticket for an
allegedly illegally parked vehicle. As his award, the Arbitrator
determined that the reprimand was for just cause.
In its exception, the Union contends that the Arbitrator failed to
mention elements of the grievant's defense and to make certain findings
and conclusions as to whether the vehicle in question was legally parked
and the possible consequences the grievant could have suffered if he had
obeyed the supervisor's instructions. Upon careful consideration of the
entire record before the Authority, including the parties' contentions,
the Authority concludes that none of the contentions raised by the Union
provides a basis for finding the award deficient. It is clear that the
Union is merely attempting to relitigate the merits of the case before
the Authority and that the thrust of the exception constitutes
disagreement with the Arbitrator's reasoning and conclusions based on
the evidence and testimony before him. Such disagreement does not
provide a bassi for finding the award deficient. E.g., Supervisor of
Shipbuilding, Conversion and Repair, United States Navy and Local R4-2,
National Association of Government Employees, 5 FLRA No. 29 (1981).
Accordingly, the Union's exception is denied. Issued, Washington,
D.C., June 13, 1983
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY