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58 FLRA No. 96
U.S. Dept. of the Navy, Navy Public Works Center, Norfolk, Virginia and Tidewater Virginia Federal Employees Metal Trades Council (Doherty, Arbitrator) 0-AR-3679 (Decided December 31, 2003 )
The Arbitrator sustained a grievance alleging that the Agency had improperly imposed on the grievant a three-day suspension on a charge of leaving the job site without permission. The Arbitrator found that because of the disparity between the penalties assessed other employees with the same offense and on the same first offense and as a result of the Agency violating Article 31, § 1 of the collective bargaining agreement, the discipline imposed upon the grievant should be rescinded and the action be completely expunged from the grievant's record, to include all allegations connected to this matter.
The Authority concluded that the exceptions could not be resolved without additional clarification and remanded the case to the parties for re-submission to the Arbitrator, absent settlement, to determine whether the grievant engaged in the misconduct with which he was charged, leaving the work site without permission.