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12:0236(53)AR - AFGE Council 236 and GSA, National Capital Region -- 1983 FLRAdec AR

[ v12 p236 ]
The decision of the Authority follows:

 12 FLRA No. 53
                                            Case No. O-AR-530
    This matter is before the Authority on exceptions to the award of
 Arbitrator Jack A. Warshaw 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 suspension of the grievant
 for three days because of his failure to report damage to a Government
 vehicle during the period it was assigned to him, as required by an
 Agency regulation.  Noting that this was a case where resolution
 necessarily depended upon circumstantial evidence since there were no
 eyewitnesses to the cause of the damage, the Arbitrator found that the
 grievant was aware of the damage and failed to report it as required.
 The Arbitrator concluded that the Agency's action was neither arbitrary
 nor capricious and that just cause had been established for the
 grievant's suspension.  Accordingly, as his award, the Arbitrator denied
 the grievance.
    In its exceptions, the Union essentially argues that the Arbitrator
 based his award on a finding of substantial evidence to support the
 Agency's action when, in the Union's view, no evidence was presented
 that the grievant violated the regulation involved.  Thus, the Union's
 arguments constitute nothing more than disagreement with the
 Arbitrator's findings of fact and his specific reasoning and conclusions
 based on the evidence and testimony before him.  Such assertions do not
 provide a basis for finding an award deficient.  E.g., United States
 Army Missile Materiel Readiness Command (USAMIRCOM) and American
 Federation of Government Employees, Local 1858, AFL-CIO, 2 FLRA 432
 (1980);  Veterans Administration Regional Office and Service Employees
 International Union, Local 556, AFL-CIO, 5 FLRA No. 59 (1981).
    Accordingly, the Union's exceptions are denied.  Issued, Washington,
 D.C., June 20, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY