Norfolk Naval Shipyard and Tidewater Virginia Federal Employees Metal Trades Council (Authority decision, December 14, 1987)

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

Norfolk Naval Shipyard reprimanded an employee for wasting time, not following a supervisor's instructions, and poor workmanship. An arbitrator found the reprimand reasonable, progressive, fairly applied, and consistent with the labor agreement. The union argued that the arbitrator put the burden of proof on the employee in violation of rules governing federal personnel appeals. The Authority held that the cited rules did not apply to this arbitration over a lesser disciplinary action. It denied the exception, leaving the reprimand in place.

Decision snapshot

• Authority: Arbitration exceptions under 5 U.S.C. § 7122(a); distinction from personnel appeals under 5 U.S.C. chapter 77.
• Outcome: Union's exception denied; reprimand sustained.
• Key point: The burden of proof rules cited for personnel appeals did not govern this reprimand arbitration.

Full text (FLRA public release)

[ v30 p484 ]

30:0484(62)AR

The decision of the Authority follows:

30 FLRA NO. 62
30 FLRA 484

14 DEC 1987

NORFOLK NAVAL SHIPYARD

Activity

and

TIDEWATER VIRGINIA FEDERAL
EMPLOYEES METAL TRADES COUNCIL

Union

Case No. 0-AR-1436

DECISION

I. Statement of the Case

This matter is before the Authority on an exception to the award of Arbitrator Charles E. Donegan. The award sustained the Activity's issuance of a letter of reprimand to the grievant. The exception was 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 find that the award is not deficient and we deny the exception.

II. Background and Arbitrator's Award

The grievant was issued a letter of reprimand for wasting time, failing to follow supervisor's instructions, and poor workmanship. The grievance, which was submitted to arbitration, claimed that the reprimand was not for just cause and was contrary to the parties' collective bargaining agreement. The Arbitrator determined that the discipline imposed was both reasonable and progressive, and was fairly applied. The Arbitrator also determined that the reprimand did not violate the parties' agreement. Accordingly, the Arbitrator denied the grievance.

III. Discussion

The Union contends that the award is deficient because the Arbitrator placed the burden of proof on the Union and [PAGE] the grievant contrary to 5 U.S.C. chapter 77 and implementing regulations.

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, Bureau of Indian Affairs and National Federation of Federal Employees, Local 243, 25 FLRA 902 (1987) (unless a specific burden of proof is required, an arbitrator may establish and apply whatever burden the arbitrator considers appropriate); Naval Weapons Station, Yorktown, Virginia and National Association of Government Employees, Local R4-96, 13 FLRA 133 (1983) (exception contending that the arbitrator failed to apply the burden of proof required by 5 U.S.C. chapter 77 was denied because chapter 77 pertains to the Merit Systems Protection Board and is not applicable to arbitration awards concerning lesser disciplinary actions not covered by 5 U.S.C. 7512).

IV. Order

The Union's exception is denied.

Issued, Washington, D.C., December 14, 1987

Jerry L. Calhoun, Chairman

Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY