[ v28 p343 ]
28:0343(51)AR
The decision of the Authority follows:
28 FLRA NO. 51 THE UNITED STATES AIR FORCE AIR LOGISTICS COMMAND TINKER AIR FORCE BASE, OKLAHOMA Activity and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 916, AFL-CIO Union Case No. 0-AR-1367 DECISION I. Statement of the Case This matter is before the Authority on an exception to the award of Arbitrator Edmund W. Schedler, Jr. 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. II. Background and Arbitrator's Award The grievant was charged with being absent without leave (AWOL) for 45 minutes and was counseled as a result of the incident. She filed a grievance that was submitted to arbitration challenging the charge and the counseling. The Arbitrator found that the AWOL charge and the counseling session were for just and sufficient cause, and as his award he denied the grievance. III. Discussion In its exception the Union contends that the award is deficient because the grievant was taking a personal break in accordance with established past practice during the time she was charged as AWOL. We conclude that the Union has failed to establish that the award is deficient on any of the grounds set forth in [PAGE] section 7122(a) of the Statute; that is, 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-management relations cases. See, for example, U.S. Army Reserve Components Personnel and Administration Center and American Federation of Government Employees, AFL - CIO, Local 900, 10 FLRA 507 (1982) (contention that the arbitrator erred in not finding a past practice in favor of the grievant provided no basis for finding the award deficient). Accordingly, the Union's exception is denied. Issued, Washington, D.C., July 31, 1987. Jerry L. Calhoun, Chairman Henry B. Frazier III, Member Jean McKee, Member FEDERAL LABOR RELATIONS AUTHORITY