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28:0343(51)AR - Air Force, Air Logistics Command, Tinker AFB, OK and AFGE Local 916 -- 1987 FLRAdec AR



[ v28 p343 ]
28:0343(51)AR
The decision of the Authority follows:


 
28 FLRA NO. 51

THE UNITED STATES AIR FORCE
AIR LOGISTICS COMMAND
TINKER AIR FORCE BASE, OKLAHOMA

                    Activity

      and

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
LOCAL 916, AFL-CIO

                    Union

                                           Case No. 0-AR-1367

                           DECISION

     I. Statement of the Case

     This matter is before the Authority on an exception 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 charged with being absent without leave
(AWOL) for 45 minutes and was counseled as a result of the
incident. She filed a grievance that was submitted to arbitration
challenging the charge and the counseling. The Arbitrator found
that the AWOL charge and the counseling session were for just and
sufficient cause, and as his award he denied the grievance.

     III. Discussion

     In its exception the Union contends that the award is
deficient because the grievant was taking a personal break in
accordance with established past practice during the time she was
charged as AWOL.

     We conclude that the Union has failed to establish that the
award is deficient on any of the grounds set forth in [PAGE]
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, U.S. Army Reserve Components Personnel and
Administration Center and American Federation of Government
Employees, AFL - CIO, Local 900, 10 FLRA  507 (1982) (contention
that the arbitrator erred in not finding a past practice in favor
of the grievant provided no  basis for finding the award
deficient).

     Accordingly, the Union's exception is denied.

Issued, Washington, D.C., July 31, 1987.

                                   Jerry L. Calhoun, Chairman

                                   Henry B. Frazier III, Member

                                   Jean McKee, Member

                                   FEDERAL LABOR RELATIONS AUTHORITY