Headquarters, Fort Monroe and National Association of Government Employees, Local R4-11 (Authority decision, November 17, 1983)

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

An arbitrator found just and sufficient cause for a two-day suspension of a Fort Monroe employee for discourteous and demeaning behavior. NAGE Local R4-11 argued that the arbitrator had used the wrong burden of proof and had reached a result contrary to the evidence. The Authority held that the cited statutory proof rule did not apply to suspensions of 14 days or less. It treated the evidence objection as disagreement with the arbitrator’s findings and denied the exceptions.

Decision snapshot

• Authority: 5 U.S.C. § 7121(e)(2).
• Outcome: Union exceptions denied; two-day suspension award stands.
• Key point: The cited proof standard for certain adverse actions did not govern a two-day suspension.

Full text (FLRA public release)

[ v13 p405 ]

13:0405(67)AR

The decision of the Authority follows:

13 FLRA No. 67

HEADQUARTERS, FORT MONROE,
FORT MONROE, VIRGINIA
(Activity)

and

NATIONAL ASSOCIATION OF
GOVERNMENT EMPLOYEES,
LOCAL R4-11
(Union)

Case No. O-AR-537

DECISION

This matter is before the Authority on exceptions to the award of Arbitrator Harold D. Jones, Jr., filed on behalf of the Union under section 7122(a) of the Federal Service Labor-Management Relations Statute and part 2425 of the Authority's Rules and Regulations.

The dispute in this matter concerns the Activity's suspension of the grievant for two days for discourteous and demeaning behavior. The Arbitrator determined, in pertinent part, that the two day suspension was for just and sufficient cause.

In its exceptions, the Union contends that the Arbitrator's award is contrary to law, rule or regulation in that the Arbitrator failed to apply the burden of proof assertedly required by 5 U.S.C. 7121(e)(2) and 7701(c)(1), and that the award is contrary to the evidence.

Upon careful consideration of the entire record before the Authority, the Authority concludes that the Union has failed to establish that the award is deficient. In this regard, under 5 U.S.C. 7121(e)(2), in certain matters an arbitrator is governed by the standards set forth in 5 U.S.C. 7701(c)(1). However, Sec. 7121(e)(2) does not apply herein since it does not pertain to suspensions for 14 days or less. E.g., Naval Weapons Station, Yorktown, Virginia and National Association of Government Employees, Local R4-96, 13 FLRA No. 32 (1983).

As to the Union's contention that the award is contrary to the evidence, it is clear that the Union is attempting to relitigate the merits of the case before the Authority since the Union's contention constitutes nothing more than disagreement with the Arbitrator's findings of fact and with his reasoning and conclusions based on the evidence and testimony before him. It is well-established that such an assertion provides no basis for finding an award deficient. E.g., American Federation of Government Employees, Local 1923, AFL-CIO and Social Security Administration, 7 FLRA No. 15 (1981); American Federation of Government Employees, Council 236 and General Services Administration, National Capital Region, 12 FLRA No. 53 (1983).

Accordingly, the Union's exceptions are denied. Issued, Washington, D.C., November 17, 1983. Barbara J. Mahone, Chairman Ronald W. Haughton, Member Henry B. Frazier III, Member FEDERAL LABOR RELATIONS AUTHORITY