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Arbitration Digest Series

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58 FLRA No. 90

Social Security Administration, Seattle Region and AFGE, Local 3937 (Tinning, Arbitrator), 0-AR-3614 (Decided March 21, 2003)

      The Arbitrator ruled that the Agency had just cause to discipline the grievant, but that the 2-day suspension for the infraction was not warranted. Accordingly, he directed the Agency to reduce the 2-day suspension to a 1-day suspension. The Authority denied the Agency's exception.

      The Authority found that there was no basis on which to find that the award was based on a nonfact. It noted that the Arbitrator's presumption that six cases had resulted in mitigation of a 2-day suspension constituted a factual finding resolving the disputed matter of consistency of penalty.



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