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27:0112(21)AR - Air Force Logistics Command, Tinker AFB and AFGE Local Union 916, Council 214 -- 1987 FLRAdec AR



[ v27 p112 ]
27:0112(21)AR
The decision of the Authority follows:


 27 FLRA No. 21
 
 AIR FORCE LOGISTICS COMMAND, 
 TINKER AIR FORCE BASE
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT 
 EMPLOYEES, LOCAL UNION 916, 
 COUNCIL 214
 Union
 
                                            Case No. O-AR-1338
 
                                 DECISION
 
                         I.  Statement of the Case
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Edmund W. Schedler, Jr. 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.
 
                  II.  Background and Arbitrator's Award
 
    The grievant was notified that overtime was required on Saturday and
 Sunday, October 18 and 19, 1986.  The grievant informed his supervisor
 that he had a doctor's appointment on Saturday morning.  His supervisor
 excused the grievant from work for purposes of the doctor's appointment,
 but directed the grievant to call her after the appointment.  The
 grievant received from his doctor on Saturday, October 26 a medical
 report stating that he should not work more than 40 hours per week.  The
 grievant did not call his supervisor and he did not report for work on
 either Saturday or Sunday.  On Monday the grievants' supervisor placed
 in the grievant's personnel file a written report of the incidents on
 Saturday and Sunday.  The grievant filed a grievance over each day
 disputing that a written report was warranted.
 
    The Arbitrator denied the grievances.  The Arbitrator concluded that
 the grievant was not excused from work on the weekend.  He was granted
 sick leave for purposes of his doctor's appointment.  The Arbitrator
 further concluded that the grievant was directed to call his supervisor
 or report to work and that on both days, he did neither.  Accordingly,
 the Arbitrator ruled that there was sufficient reason to place a written
 report of the incidents in the grievant's personnel file.
 
                             III.  Discussion
 
    The Union contends that the award is contrary to provisions of Air
 Force Regulation 40-552 (pertaining to when an employee will be excused
 from overtime work) and to Article 14 (Overtime) of the parties' local
 supplementary agreement.
 
    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 cases.  See, for example, Department of the
 Air Force, McGuire Air Force Base and American Federation of Government
 Employees, Local No. 1778, 6 FLRA 283 (1981) (the union's contention
 that the award was contrary to an Air Force regulation was nothing more
 than an attempt to relitigate the merits of the grievance before the
 Authority and provided no basis for finding the award deficient under
 section 7122(a) of the Statute);  U.S. Marine Corps, Logistics Base,
 Barstow and American Federation of Government Employees, AFL-CIO, Local
 1482, 10 FLRA 55 (1982) (the union's contention that the award was
 contrary to the collective bargaining agreement constituted disagreement
 with the arbitrator's interpretation of the agreement, an attempt to
 relitigate the merits of the grievance before the Authority and provided
 no basis for finding the award deficient under section 7122(a) of the
 Statute).  Accordingly, the Union exceptions are denied.
 
    Issued, Washington, D.C., May 28, 1987.
 
                                       /s/ Jerry L. Calhoun, Chairman
                                       /s/ Henry B. Frazier III, Member
                                       /s/ Jean McKee, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY