U.S. Air Force, Air Logistics Command, Tinker Air Force Base and American Federation of Government Employees, Local 916 (Authority decision, July 31, 1987)

Final FLRA decision. The Authority denies AFGE Local 916's exception to an arbitration award upholding a 45-minute absence without leave charge and counseling. Under 5 U.S.C. § 7123(a)(1), orders involving arbitral awards are generally excluded from judicial review unless they involve an unfair labor practice under 5 U.S.C. § 7116. This decision does not state that it involves one.

Plain-English summary

Tinker Air Force Base charged an employee with 45 minutes of absence without leave and counseled her. An arbitrator found just and sufficient cause for both actions and denied her grievance. The union argued that the employee had been taking a personal break under an established past practice. The Authority held that disagreement with the arbitrator's treatment of that claimed practice did not establish a deficient award and denied the exception.

Decision snapshot

• Authority: Arbitration review under 5 U.S.C. § 7122(a).
• Outcome: Union exception denied; AWOL and counseling grievance remains denied.
• Key point: The claimed personal-break practice did not provide a basis to overturn the arbitrator's finding.

Full text (FLRA public release)

[ 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