U.S. Federal Labor Relations Authority

Search form

12:0194(48)AR - GSA and AFGE Local 1733 -- 1983 FLRAdec AR

[ v12 p194 ]
The decision of the Authority follows:

 12 FLRA No. 48
                                            Case No. O-AR-472
    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