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27:0036(8)AR - Air Force Logistics Command and AFGE Council 214, AFLC Locals -- 1987 FLRAdec AR

[ v27 p36 ]
The decision of the Authority follows:

 27 FLRA No. 8
                                            Case No. 0-AR-1296
                         I.  Statement of the Case
    This matter is before the Authority on exceptions to the award or
 Arbitrator Jack Clarke filed by the Union under section 7122(a) of the
 Federal Service Labor-Management Relations Statute (the Statute) and
 part 2425 of the Authority's Rules and Regulations.
    The Arbitrator determined that the issue to be resolved was whether
 the reprimand was for just cause.  The Arbitrator found that the
 grievant's use of the phone after being told not to do so constituted
 insubordinate conduct.  The Arbitrator rejected the Union's arguments
 that the Activity denied the grievant's right to representation at the
 meeting in violation of law and the parties' collective bargaining
 agreement and, therefore, that the reprimand for her conduct at the
 meeting was not for just cause.  The Arbitrator determined that the
 grievant's right to representation did not excuse or justify her
 insubordinate conduct.  The Arbitrator concluded that the reprimand was
 for just cause.  Consequently, he denied the grievance.
                             III.  Exceptions
    In its exceptions, the Union repeats the arguments that it made
 before the Arbitrator that the Activity violated the grievant's right to
 representation under law and the parties' agreement.  The Union contends
 that the Arbitrator erred in finding otherwise.
                               IV.  Decision
    We conclude that the Union has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.  See, for example, Local 1919, American
 Federation of Government Employees and Veterans Administration National
 Cemetery, Farmingdale, Long Island, New York, 12 FLRA 605 (1983) (where
 the Authority found that an exception failed to establish that the
 arbitrator was required to decide as a matter of law that a disciplinary
 action was not for good and sufficient cause, and that another
 exception, which constituted nothing more than disagreement with the
 arbitrator's evaluation of the evidence, provided no basis for finding
 the award deficient under the Statute);  Federal Correctional
 Institution, Petersburg, Virginia and American Federation of Government
 Employees, Local 2052, Petersburg, Virginia, 13 FLRA No. 108 (1983)
 (where the Authority found that the exceptions were an attempt to
 relitigate the merits of the dispute;  constituted nothing more than
 disagreement with the arbitrator's findings of fact, his reasoning and
 conclusions based on evidence and testimony, and his interpretation and
 application of the parties' collective bargaining agreement;  and,
 therefore, that the exceptions provided no basis for finding the award
    Accordingly, the Union's exceptions are denied.
    Issued, Washington, D.C., May 14, 1987.
                                       /s/ Jerry L. Calhoun
                                       Jerry L. Calhoun, Chairman
                                       /s/ Henry B. Frazier III
                                       Henry B. Frazier III, Member
                                       /s/ Jean McKee
                                       Jean McKee, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY