Naval Air Rework Facility and National Association of Government Inspectors, Local 257 (Authority decision, October 23, 1987)

Final FLRA decision. The Authority denies the union's exception to an arbitration award sustaining an employee reprimand. 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

A Naval Air Rework Facility employee received a reprimand for disrespectful and abusive language directed at a supervisor. An arbitrator found just cause for the reprimand, rejecting the view that the language was ordinary workplace profanity, and dismissed the grievance. The National Association of Government Inspectors argued that the arbitrator addressed an unsubmitted issue and that the facility had not proved its case. The Authority found no recognized defect in the award and denied the union's exception. The reprimand remained in place.

Decision snapshot

• Authority: Arbitration exception under 5 U.S.C. § 7122(a).
• Outcome: Union's exception denied; reprimand award upheld.
• Key point: The objections did not show that the arbitrator exceeded the submitted issue or otherwise issued a deficient award.

Full text (FLRA public release)

[ v29 p1103 ]
29:1103(80)AR

The decision of the Authority follows:

29 FLRA NO. 80

NAVAL AIR REWORK FACILITY

Activity

and

NATIONAL ASSOCIATION OF GOVERNMENT
INSPECTORS, LOCAL NO. 257

Union

Case No. 0-AR-1418

DECISION

I. Statement of the Case

This matter is before the Authority on an exception to the award of Arbitrator Ernest M. Hathaway filed by the Union under section 7122(a) of the Federal Service Labor - Management Relations Statute (the Statute) and part 2425 of our Rules and Regulations. We deny the exception.

II. Background and Arbitrator's Award

The parties submitted to arbitration the issue of whether there was just cause for the reprimand of the grievant for disrespectful conduct and use of abusive and obscene language to a supervisor. The Arbitrator determined that the language was not merely "shop talk"--profanity, not directed at or towards an individual, which occurs at production facilities. He consequently determined that the letter of reprimand was for just and sufficient cause and was not discriminatory. Accordingly, as his award, he dismissed the grievance.

III. Discussion

In its exception the Union contends that the award is deficient because the Arbitrator based his award on whether the reprimand of the grievant was discriminatory which is an issue that was not submitted; because the Activity failed to sustain its burden of proof; and because the reprimand was inappropriately applied.

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: specifically, 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 relations cases. See, for example, Department of the Air Force, Kirtland Air Force Base and American Federation of Government Employees, Local 2263, AFL - CIO, 19 FLRA 260 (1985) (exception contending that the arbitrator decided an issue not before him was denied where the award was directly responsive to the issue submitted); Headquarters, Fort Monroe, Fort Monroe, Virginia and National Association of Government Employees, Local R4-11, 13 FLRA 405 (1983) (exception to an award finding just cause for a suspension was denied as an attempt to relitigate the merits of the case before the Authority and as constituting nothing more than disagreement with the arbitrator's findings of fact, his reasoning and conclusions, and his evaluation of the evidence and testimony presented).

Accordingly, the Union's exception is denied.

Issued, Washington, D.C., October 23, 1987.

Jerry L. Calhoun, Chairman

Henry B. Frazier III, Member

Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY