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61 FLRA No. 18
SOCIAL SECURITY ADMINISTRATION ST. PAUL, MINNESOTA AND AFGE, LOCAL 220 (Grant, Arbitrator), Case No. 0-AR-3922 (July 13, 2005)
The Agency suspended the grievant for 2 days after determining that the grievant had improperly accessed computer records on two occasions. The Arbitrator determined that the grievant's actions were serious and that discipline was warranted, but that the 2-day suspension was excessive and should be mitigated to a written reprimand. The Authority found that the award was deficient and set it aside.
The Authority agreed with the Agency's contention that the award failed to draw its essence from the parties' agreement. The Authority found that the Arbitrator's mitigation of the grievant's 2-day suspension to a written reprimand constituted an arbitral determination that there was no just cause under Article 23 of the parties' agreement for a penalty of a 2-day suspension. This in the Authority's view, exhibited a manifest disregard of Article 23 in making that determination..