American Federation of Government Employees, Local 2408 and U.S. Department of Veterans Affairs Medical Center, San Juan, Puerto Rico (Authority decision, March 31, 1998)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority involving an arbitral award under 5 U.S.C. § 7122. Judicial review under 5 U.S.C. § 7123(a) generally does not extend to such an order unless the order involves an unfair labor practice under 5 U.S.C. § 7116. This decision resolves exceptions to an arbitration award and does not state that it involves an unfair labor practice.

Plain-English summary

A San Juan VA Medical Center employee was reprimanded after leaving a shift early and reporting late for his next shift. The arbitrator upheld the reprimand, and the Authority previously asked him to clarify whether it rested on an absence without leave or on the employee's failure to follow leave-request procedures. The arbitrator clarified that the employee had not satisfactorily accounted for failing to obtain permission for his absence. Because the reprimand rested on that procedural failure, the Authority denied the union's exceptions and left it in place. The agency's late opposition was not considered.

Decision snapshot

• Authority: Exceptions to an arbitration award under 5 U.S.C. § 7122(a).
• Outcome: Union exceptions denied; reprimand upheld.
• Key point: The clarified award sustained discipline for failing to obtain permission, not for an illness-supported absence without leave.

Full text (FLRA public release)

[ v53 p1713 ]
53:1713(153)AR

The decision of the Authority follows:

53 FLRA No. 153

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

LOCAL 2408

(Union)

and

U.S. DEPARTMENT OF VETERANS
AFFAIRS

MEDICAL CENTER

SAN JUAN, PUERTO RICO

(Agency)

0-AR-2977

_____

DECISION

March 31, 1998

_____

Before the Authority: Phyllis N. Segal, Chair; Donald S. Wasserman and Dale Cabaniss, Members.

Decision by Member Wasserman for the Authority.

This matter is before the Authority on exceptions to the clarification of award by Arbitrator Lloyd L. Byars filed by the Union under section 7122(a) of the Federal Service Labor-Management Relations Statute (the Statute) and section 2425 of the Authority's Regulations. The Agency filed an opposition, which was untimely filed and has not been considered.(*)

In his initial award, the Arbitrator denied a grievance and found that a reprimand of the grievant for leaving his shift 2.5 hours before it ended, and not reporting for work or requesting leave until 6.25 hours after his next shift began, was issued for just cause. The Union filed exceptions to that award. The Agency filed an opposition.

In American Federation of Government Employees, Local 2408 and U.S. Department of Veterans Affairs, Medical Center, San Juan, Puerto Rico, 52 FLRA 992 (1997), the Authority stated that the failure to follow proper procedures for requesting sick leave would be a proper basis to sustain the Agency's reprimand. However, an agency may not charge and discipline an employee for being absent without leave (AWOL) when he has submitted administratively acceptable evidence of incapacity due to illness or injury. Accordingly, the Authority remanded the case to the parties for submission to the Arbitrator for a clarification of the basis of the award.

The Arbitrator's clarification, in its entirety, is as follows:

The Arbitrator's decision was based on a finding that the Grievant failed to account satisfactorily for his failure to obtain permission, which pursuant to DM&S Supplement MP-5 Part II, Chapter 7, Section 7.10a constitutes an "unauthorized absence" and is grounds for forfeiture of pay. The Arbitrator also found the reprimand warranted pursuant to VHA Supplement, MP-5.

The Union asserts that the clarification "sustained the forfeiture of pay based on AWOL which is contrary to [l]aw." Union submission dated May 30, 1997.

The Arbitrator's clarification states that the basis for the award was the grievant's "fail[ure] to account satisfactorily for his failure to obtain permission" for his absence. Therefore, the Arbitrator sustained the reprimand because the grievant failed to follow proper procedures.

The Union's exceptions to the award denying the grievance are denied.

FOOTNOTES:
(If blank, the decision does not
have footnotes.)

*. The Agency's opposition was
accompanied by a request for an extension of time and waiver of expired time frame pursuant to section 2429.23 of the Authority's Regulations. The request was not supported by any argument or evidence to show good cause or extraordinary circumstances why it should be granted, as provided in the Regulations. The request therefore is denied.