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13:0133(32)AR - Naval Weapons Station, Yorktown, Virginia and NAGE Local R4-96 -- 1983 FLRAdec AR

[ v13 p133 ]
The decision of the Authority follows:

 13 FLRA No. 32
 LOCAL R4-96
                                            Case No. O-AR-519
    This matter is before the Authority on an exception to the award of
 Arbitrator Robert J. Ables 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 the suspension of the grievant
 for six days for alleged unauthorized possession of marijuana in
 violation of an Activity regulation, based upon the finding of the
 residue of a marijuana cigarette in the grievant's automobile during a
 security search.  The Arbitrator determined that the Activity had
 demonstrated that the grievant violated the applicable "zero tolerance"
 standard of the regulation and that some penalty was justified.
 However, in the circumstances presented he concluded that a reduction of
 the suspension was warranted.  Therefore, the Arbitrator denied the
 grievance, but reduced the suspension from six days to three days.
    As its exception, the Union contends that the Arbitrator's award is
 contrary to law, rule or regulation.  More specifically, the Union
 essentially argues that the Agency failed to sustain and the Arbitrator
 failed to apply the burden of proof required by 5 U.S.C. 7121(e)(2) and
    Upon careful consideration of the entire record before the Authority,
 including the Union's contentions, the Authority concludes that the
 Union has failed to establish that the award is deficient.  Thus, 5
 U.S.C. 7701(c)(1) on its face pertains to appellate review procedures of
 the Merit Systems Protection Board and is not applicable to the
 Arbitrator's award in this case.  Similarly, under 5 U.S.C. 7121(e)(2),
 in certain matters an arbitrator is governed by the standards set forth
 in 5 U.S.C. 7701(c)(1).  However, Sec. 7121(e)(2) does not apply herein
 since it does not pertain to suspensions for 14 days or less.  See,
 e.g., American Federation of Government Employees, AFL-CIO, Local 2094
 and Veterans Administration Hospital, 2 FLRA 697 (1980).
    Accordingly, the Union's exception is denied.  Issued, Washington,
 D.C., September 28, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY