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Arbitration Digest Series

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59 FLRA No. 127

AFGE, Local 2586 and U. S. Dept. of the Air Force, 97th Mobile Wing, Altus Air Force Base, Oklahoma (Zembower, Arbitrator) 0-AR-3732 (Decided February 27, 2004)

      The grievant, is a Union Vice President who was disciplined for the way he spoke to a supervisor at the base exchange. The Arbitrator sustained the grievance in part, replacing a 2-day suspension with a letter of reprimand. The Authority remanded the award to the parties, absent settlement, for resubmission to the Arbitrator for clarification of the award.

      The Authority noted that the Arbitrator did not clearly state the rationale for his decision. Specifically, it was not apparent from the award whether the Arbitrator was resolving the parties' dispute under the Statute or under the parties' collective bargaining agreement. As such, the Authority noted that it was unable to determine which standard of review to apply in resolving the exception to the award, and remanded the award.



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