Marine Corps Logistics Base Barstow and AFGE Local 1482 (Authority decision, September 15, 1982)

Final FLRA decision. The Authority resolves exceptions to an arbitral award under 5 U.S.C. § 7122. Judicial review under 5 U.S.C. § 7123(a)(1) generally does not extend to orders involving arbitral awards unless an order involves an unfair labor practice under § 7116. This order does not decide an unfair labor practice.

Plain-English summary

A Marine Corps Logistics Base employee received a three-day suspension for leaving his worksite without permission. The arbitrator found the suspension consistent with the agreement and denied the grievance. AFGE Local 1482 objected to the arbitrator’s treatment of evidence and the investigator’s recommendation. The Authority found no basis to set aside the award and denied the exceptions.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Union exceptions denied; suspension award upheld.
• Key point: Disagreement with the arbitrator’s factual assessment did not show a deficient award.

Full text (FLRA public release)

[ v10 p55 ]

10:0055(14)AR

The decision of the Authority follows:

10 FLRA No. 14

U.S. MARINE CORPS,
LOGISTICS BASE, BARSTOW
Activity

and

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
AFL-CIO, LOCAL 1482
Union

Case No. O-AR-260

DECISION

THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
ARBITRATOR ROBERT M. LEVENTHAL 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. THE AGENCY DID
NOT FILE AN OPPOSITION.

THE DISPUTE IN THIS MATTER AROSE WHEN THE GRIEVANT WAS ISSUED A
PROPOSED SUSPENSION FROM DUTY FOR FIVE DAYS FOR LEAVING HIS WORKSITE
WITHOUT PERMISSION. LATER, THE ACTIVITY REDUCED THE PROPOSED SUSPENSION
TO THREE DAYS. THE GRIEVANT CONTENDED THAT THIS WAS TOO SEVERE AND THAT
THE ACTIVITY SHOULD HAVE FOLLOWED THE RECOMMENDATION OF THE OFFICIAL
APPOINTED TO INVESTIGATE THE MATTER THAT THE GRIEVANT NOT BE SUSPENDED
AT ALL BUT RATHER BE CHARGED WITH 30 MINUTES OF ANNUAL LEAVE.

THE ARBITRATOR FRAMED THE ISSUE TO BE:

1. DID BASE MANAGEMENT VIOLATE THE PROVISIONS OF THE NEGOTIATED
   AGREEMENT WHEN IT IMPOSED

A THREE DAY SUSPENSION ON (THE GRIEVANT) FOR ALLEGEDLY LEAVING THE
JOB DURING WORKING HOURS

WITHOUT PROPER PERMISSION?

2. IF SO, WHAT SHALL THE REMEDY BE?

THE ARBITRATOR FOUND THAT THE ACTIVITY DID NOT VIOLATE THE NEGOTIATED
AGREEMENT WHEN IT IMPOSED A THREE DAY SUSPENSION ON THE GRIEVANT AND
THAT SUCH ACTION WAS PROPER AND WITHIN THE LIMITS ESTABLISHED BY THE
DISCIPLINARY GUIDELINE FOR CIVILIAN EMPLOYEES. THE ARBITRATOR ALSO
FOUND THAT THERE WAS NO REQUIREMENT IN THE AGREEMENT THAT THE DIVISION
DIRECTOR AND THE COMMANDING GENERAL WHO WERE RESPONSIBLE FOR ANSWERING
THE GRIEVANCE WERE BOUND BY THE RECOMMENDATIONS OF THE PERSON APPOINTED
TO INVESTIGATE THE GRIEVANCE. THEREFORE, HE DENIED THE GRIEVANCE.

AS ITS EXCEPTIONS, THE UNION ALLEGES THAT THE ARBITRATOR "DID NOT
DRAW THE PROPER CONCLUSION FROM OUR COLLECTIVE BARGAINING AGREEMENT AND
THAT HE BASED HIS AWARD ON NONFACT." IN SUPPORT, THE UNION ARGUES, AS IT
DID BEFORE THE ARBITRATOR, THAT UNDER THE PARTIES' AGREEMENT THE
RECOMMENDATION OF THE PERSON DESIGNATED TO INVESTIGATE THE GRIEVANCE
SHOULD BE FOLLOWED AND THEREFORE THE GRIEVANT SHOULD NOT HAVE BEEN
SUSPENDED.

THE UNION'S EXCEPTIONS PROVIDE NO BASIS FOR FINDING THE ARBITRATOR'S
AWARD DEFICIENT. THE ARBITRATOR EXPRESSLY FOUND THAT THE OFFICIALS
RESPONSIBLE FOR MAKING THE FINAL DECISION ON A GRIEVANCE FILED UNDER THE
TERMS OF THE AGREEMENT "ARE NOT AND CANNOT BE BOUND BY THE
RECOMMENDATIONS OF A DESIGNEE WHO INVESTIGATED THE GRIEVANCE." BY
ARGUING TO THE CONTRARY IN ITS EXCEPTIONS, THE UNION IS DISAGREEING WITH
THE ARBITRATOR'S INTERPRETATION OF THE AGREEMENT AND WITH HIS REASONING
AND CONCLUSIONS IN ARRIVING AT HIS AWARD, AND IS ATTEMPTING TO
RELITIGATE THE MERITS OF THE GRIEVANCE BEFORE THE AUTHORITY. SUCH
ASSERTIONS PROVIDE NO BASIS FOR FINDING AN AWARD DEFICIENT. AMERICAN
FEDERATION OF GOVERNMENT EMPLOYEES (AFL-CIO) LOCAL 1770 AND HEADQUARTERS
XVIII AIRBORNE CORPS AND FORT BRAGG, FORT BRAGG, N.C., 6 FLRA NO.
62(1981); AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 2206 AND
DEPARTMENT OF HEALTH AND HUMAN SERVICES, SOCIAL SECURITY ADMINISTRATION,
SOUTHEASTERN PROGRAM SERVICE CENTER, 6 FLRA NO. 103(1981). THEREFORE,
THE UNION'S EXCEPTIONS ARE DENIED.

ISSUED, WASHINGTON, D.C., SEPTEMBER 15, 1982

RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY