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13:0005(2)AR - Defense Logistics Agency, Defense Depot Memphis, Memphis, TN and AFGE Local 2501 -- 1983 FLRAdec AR

[ v13 p5 ]
The decision of the Authority follows:

 13 FLRA No. 2
 LOCAL 2501
                                            Case No. O-AR-462
    This matter is before the Authority on an exception to the award of
 Arbitrator Matthew W. Jewett filed on behalf of 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 a five-day suspension imposed
 upon the grievant for failing to report to duty on time.  As his award,
 the Arbitrator determined that based upon the grievant's prior record
 and the circumstances of this case, the penalty was appropriate and the
 grievance was without merit.  The Arbitrator therefore denied the
    In its exception, the Union essentially argues that the Arbitrator
 was confused in understanding the issues in the case, did not address
 the Union's "determined issues," and did not consider all of the
 evidence presented by the Union.  Upon careful consideration of the
 entire record before the Authority, including the Union's contentions,
 the Authority concludes that the Union's contentions do not provide any
 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 since the thrust of the Union's exception constitutes
 disagreement with the Arbitrator's reasoning and conclusions based on
 the evidence and testimony before him.  Such disagreement does not
 provide a basis for finding the award deficient.  E.g., American
 Federation of Government Employees, Local 2327 and Department of Health,
 Education, and Welfare, Social Security Administration, 5 FLRA No. 23
 (1981);  Supervisor of Shipbuilding, Conversion and Repair, United
 States Navy and Local R4-2, National Association of Government Employees
 (NAGE), 5 FLRA No. 29 (1981).
    Accordingly, the Union's exception is denied.  Issued, Washington,
 D.C., September 15, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY