Air Force Logistics Command, Robins Air Force Base and American Federation of Government Employees, Local 987 (Authority decision, September 22, 1987)

Final FLRA decision. The Authority denies the union's exceptions and leaves a 14-day suspension award in place. Under 5 U.S.C. § 7123(a)(1), an order involving an arbitral award is generally excluded from judicial review unless it involves an unfair labor practice under 5 U.S.C. § 7116. This decision does not decide an unfair labor practice.

Plain-English summary

An arbitrator found just cause for a 14-day suspension of a Robins Air Force Base employee who left work early or without permission and failed to return on another day. AFGE Local 987 argued that the award rested on a factual mistake and conflicted with the collective bargaining agreement. The Authority found no established legal or other recognized defect in the award and denied the exceptions.

Decision snapshot

• Authority: Arbitration exceptions under 5 U.S.C. § 7122(a).
• Outcome: Union's exceptions denied; suspension award left in place.
• Key point: The asserted factual and contract defects did not establish a ground to set aside this award.

Full text (FLRA public release)

[ v28 p1085 ]
28:1085(140)AR

The decision of the Authority follows:

28 FLRA NO. 140

AIR FORCE LOGISTICS COMMAND,
ROBINS AIR FORCE BASE

Activity

and

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES
LOCAL 987

Union

Case No. 0-AR-1394

DECISION

I. Statement of the Case

This matter is before the Authority on exceptions to the award of Arbitrator James E. Fulford 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.

For the reasons stated below, we deny the exceptions.

II. Background and Arbitrator's Award

The grievant was suspended for 14 days for insubordinate defiance of authority for leaving work early after being advised by her supervisor that she must remain until the end of the work period, for leaving work on 3 days without permission, and for failing to return to work on another day. A grievance was filed which was submitted to arbitration on the issue of whether the suspension was for just cause. As his award, the Arbitrator found that the suspension was for just cause, and he denied the grievance.

III. Discussion

In its exceptions the Union contends that the award is based on a nonfact and is contrary to the intent and purpose of the parties' collective bargaining 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 it is deficient on other grounds similar to those applied by Federal courts in private sector labor relations cases. See, for example, General Services Administration and American Federation of Government Employees, Council 236, 15 FLRA 328 (1984) (exceptions contending that an award was based on a nonfact and failed to draw its essence from the parties' collective bargaining agreement provided no basis for finding the award deficient).

Accordingly, the Union's exceptions are denied.

Issued, Washington, D.C., September 22, 1987.

Jerry L. Calhoun, Chairman

Henry B. Frazier III, Member

Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY