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59 FLRA No. 126
U. S. Dept. of the Navy, Navy Inventory Control Point, Mechanicsburg, PA and AFGE, Local 1156 (DiLauro, Arbitrator) 0-AR-3716 (Decided February 26, 2004)
The Arbitrator upheld the grievant's one-day suspension, but ordered the disciplinary action expunged from the grievant's official personnel record if his record remained clear of any further disciplinary action for six months from the date of the award. The Authority denied the Agency's exceptions in part, and remanded the award to the parties for resubmission to the Arbitrator, absent settlement, for clarification.
The Authority concluded that the Arbitrator did not exceed his authority, but remanded the award. The Authority noted that the Arbitrator did not identify the applicable law or contract provision he found was violated, giving rise to his award. In addition, regarding the order to expunge the disciplinary action, the Authority was unable to ascertain whether the Arbitrator's intention was to: (1) reverse the suspension six months after the award; (2) sustain the suspension but expunge the suspension from the grievant's record so as to prohibit the Agency from relying on the suspension in the future; or (3) sustain the suspension and expunge the suspension from the grievant's record but not prohibit the Agency from relying on the suspension in the future. As such, the Authority noted that it was unable to determine whether the award was deficient as contradictory, or failing to draw its essence from the parties' agreement.