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27:0465(67)AR - Anniston Army Depot, Anniston, AL and AFGE Local 1945 -- 1987 FLRAdec AR



[ v27 p465 ]
27:0465(67)AR
The decision of the Authority follows:


 27 FLRA No. 67
 
 ANNISTON ARMY DEPOT, 
 ANNISTON, ALABAMA
 Activity
 
 and
 
 AMERICAN FEDERATION OF 
 GOVERNMENT EMPLOYEES, LOCAL 1945
 Union
 
                                            Case No. 0-AR-1353
 
                                 DECISION
 
                         I.  Statement of the Case
 
    This matter is before the Authority on an exception to the award of
 Arbitrator J. Thomas Rimer 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 Arbitrator stated that the issue in this case was whether the
 10-day suspension of the grievant was for proper cause under the
 agreement.  As his award, the Arbitrator sustained the grievance in
 part.  He determined that a disciplinary suspension of the grievant was
 for proper cause, but reduced the suspension to 5 days.
 
                      III.  Discussion and Conclusion
 
    The Union contends that the award is based on a gross mistake of
 fact.
 
    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, Federal
 Correctional Institution, Petersburg, Virginia and American Federation
 of Government Employees, Local No. 2502, Petersburg, Virginia, 13 FLRA
 108 (1983) (the union's exception that the award finding just cause for
 the grievant's suspension was based on a nonfact was denied;  the
 Authority concluded that the exception provided no basis for finding the
 award deficient, because the exception was an attempt to relitigate the
 merits of the case and constituted nothing more than disagreement with
 the arbitrator's findings of fact, his reasoning and conclusions, and
 his interpretation and application of the parties' collective bargaining
 agreement).  Accordingly, the Union's exception is denied.
 
    Issued, Washington, D.C., June 23, 1987.
                                       /s/ Jerry L. Calhoun, Chairman
                                       /s/ Henry B. Frazier III, Member
                                       /s/ Jean McKee, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY