SSA Region X and AFGE Local 3937 (Authority decision, August 12, 1985)

Final FLRA decision. The Authority resolves exceptions to an arbitration award. Under 5 U.S.C. § 7123(a)(1), orders involving arbitral awards are generally excluded from judicial review unless they involve an unfair labor practice under 5 U.S.C. § 7116. This decision does not state that it involves one.

Plain-English summary

An arbitrator directed permanent retention of records of employee reprimands in official personnel folders. The Authority found that a government wide personnel rule limited how long reprimands could remain there. It struck the portion of the award requiring permanent retention.

Decision snapshot

• Authority: Arbitration review under 5 U.S.C. § 7122(a).
• Outcome: Part B requiring permanent retention struck from award.
• Key point: Reprimands could not be kept permanently in official personnel folders under the cited rule.

Full text (FLRA public release)

[ v19 p547 ]

19:0547(73)AR

The decision of the Authority follows:

19 FLRA No. 73

DEPARTMENT OF HEALTH AND HUMAN SERVICES,
SOCIAL SECURITY ADMINISTRATION,
REGION X, SEATTLE, WASHINGTON
Activity

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 3937
Union

Case No. O-AR-913

DECISION

This matter is before the Authority on an exception to the award of Arbitrator William H. Dorsey filed by 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 grievance before the Arbitrator alleged that the Activity violated the parties' collective bargaining agreement when it reprimanded the grievants in writing for assertedly continuing to rearrange office furniture after they had been ordered to cease such action by their supervisor. The Arbitrator found that the grievants were not disciplined for just cause as required by the parties' agreement and as part of his award ordered, in pertinent part:

(B) In the nature of mandatory injunctive relief: As soon as possible after receipt of this DECISION AND AWARD, the Employer is directed to place in the permanent personnel files of each of the grievant . . . a copy of this DECISION AND AWARD and of the Arbitrator's accompanying OPINION in this case.

In its exception, the Union contends, among other things, that Part B of the Arbitrator's award violates Government-wide regulations pertaining to maintenance of employee personnel records. The Authority agrees.

Federal Personnel Manual Supplement 293-31, Subchapter S5-5, which governs the contents of an official personnel folder (OPF), provides that letters of reprimand are temporary rather than permanent personnel records and that under no circumstances may such letters be retained in an OPF for longer than three years unless the agency has received an exception from the Office of Personnel Management. In terms of this case, Part B of the Arbitrator's award in effect directs that a record of the grievants' reprimands be retained permanently in the OPF of each of the grievants. Thus, the portion of the award here in dispute is deficient as contrary to FPM Supplement 293-31, Subchapter S5-5 and must be modified.

Accordingly, the Arbitrator's award is modified by striking Part B. Issued, Washington, D.C. August 12, 1985 Henry B. Frazier, III, Acting Chairman William J. McGinnis, Jr., Member FEDERAL LABOR RELATIONS AUTHORITY