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60 FLRA No. 160

The Arbitrator found no just cause for a 14-day suspension and she mitigated the suspension to a letter of warning. The Authority denied the Agency's exceptions.  The Authority rejected the allegation that the   Arbitrator improperly imposed burdens of proof required in unfair labor practice cases regarding the scope of protected activity.  The Authority concluded that the award was not contrary to law .noting that unless a specific burden of proof is required, an arbitrator may establish and apply whatever burden the arbitrator considers appropriate in resolving claims under a collective bargaining agreement.  The Authority also rejected the allegation that the award failed to draw its essence from the parties' agreement, or that it was based on a nonfact.