Académique Documents
Professionnel Documents
Culture Documents
provide alternative versions of the same incident. On April 30, 2013, Grievant was
The repercussions of your [email to the Atlanta Regional Office] were that
numerous employees being interrupted from doing their work to deal with the
email you sent. This resulted in work stoppages at many levels. …
AX B.
No grievance was filed over the reprimand but, on July 26, 2012, Grievant filed
an unfair labor practice (“ULP”) charge against the Agency, with the Federal Labor
In response to Grievant’s ULP charge, the FLRA sent a letter, dated August 3,
Maryland, and to Grievant at the Agency’s offices in Columbia, South Carolina. The
letter twice stated in bold that information supporting the charge must be received by
2
the FLRA by August 13, 2012. The letter included contact information for the FLRA
Agent assigned to the case and told Grievant to direct any questions to her. The portion
AX A; emphasis supplied.
I have a filing due tomorrow and I need an extension of time. What can I do?
Requests for an extension of time must be received by the Authority five days
before the date on which the document is due, as explained in section 2429.23
of the Authority’s Regulations. Requests received within five days of the date a
document is due or after the due date of the document may be granted only if
the requesting party can establish extraordinary circumstances for the lateness of
the request itself, as well as good cause for the extension of the deadline. Both
the request for waiving the five-day rule and the request for an extension of time
must be made in writing and include the positions of the other parties. The
request must be served on the other parties.
UX A; emphasis supplied.
From: Grievant
To: Grievant’s supervisor
Cc: Acting Head of Department
I am requesting time to prepare for FLRA. I just realized that I have until Monday to
1
http://www.flra.gov/cip_faq_8
3
submit my information. I am requesting time today and tomorrow to gather my
information, etc.
You are scheduled for front desk back up today and J[] isn’t here, so you are needed at
the front desk today. I will advise you later when you may have time to prepare.
From: Grievant
To: Associate Commissioner, OLMER, SSA, Baltimore
Cc: Acting Head of Department; AFGE Local 3627 Executive Vice President; Chief
Administrative Law Judge, Columbia
I just realized that I have until 8/13/12 to submit my information to FLRA. I have
requested time to prepare for today and tomorrow, just a few hours. I also just realized
that I am scheduled to work the front desk. I have only today and tomorrow to submit
information to FLRA.
Since my letter [AX A] included your name and my name on the request for
information, I am requesting time to submit my information. …
From: Grievant
To: Associate Commissioner, OLMER, SSA, Baltimore
Cc: Acting Head of Department; AFGE Local 3627 Executive Vice President; Chief
Administrative Law Judge, Columbia
CORRECTION:
It should have stated that I am requesting guidance. [My supervisor] asked me about
the amount of time needed.
From: Grievant
To: FLRA Agent
Cc: Author of FLRA letter, AX A
4
My goal was to get all of the pertinent information to you by August 13, 2012, but the
regulations and/or procedures are within the office and this has been the only day and
time I have had to retrieve documents referenced in my case.
The other party to Grievant’s FLRA ULP charge, the Associate Commissioner, was
JX 2A. The supervisor addressed relevant Douglas factors,3 but concluded that
2
NLRB v Weingarten, 420 US 251 (1975). Footnote by arbitrator.
3
Douglas v Veterans Administration, 5 MSPB 313, 5 MSPR 280 (1981). The arbitrator analyzed Douglas factors at length
in AFGE Local No. 1770 and Dept of the Army, 103 FLRR-2 33, 102 LRP 34100; 103 FLRR-2 81, 103 LRP 812 (Arb
2002); exceptions den, 58 FLRA 156, 103 FLRR-1 14, 102 LRP 31624.
5
Employees, responded to the Agency’s proposal on September 27, 2012, claiming that
Grievant simply had made an honest mistake in contacting the SSA Associate
Commissioner named in the FLRA letter, instead of the FLRA Agent assigned to her
case. JX 2B. The Hearing Office Director in Columbia sustained the charge on
October 12, 2012, stating that “[t]he effective date of this suspension will be October
The Union filed a grievance on October 15, 2012, JX 2D, alleging violation of
the “just cause” provision in Article 23, Section 1 of the National Agreement between
which “requires the Agency to provide a safe and healthy work environment.” The
Union sought rescission of the 3-day suspension and removal of all documentation
relating to the suspension. The Regional Chief Administrative Law Judge upheld the
Agreement or any other law, rule, or regulation when it issued a 3 day suspension
without just cause to [Grievant] for failing to follow a directive? If so, what is the
remedy?
6
Analysis
she has any training or experience with FLRA filings. Under Article 3, Section 2.M of
the 2012 AFGE/SSA Agreement, Grievant had the right to file a ULP charge with the
FLRA. The Union president testified that it is rare for an employee acting alone to
To the arbitrator, the Agency is drawing too fine a distinction between Grievant
preparing her FLRA case in her SSA office on SSA time, and seeking an extension of
time for filing from the FLRA. The two aspects of the process are too related to
separate. When viewed in context, Grievant was running out of time and needed more.
The FLRA website expressly states that Grievant had to notify the other party of her
request for an extension, so she had to contact the Associate Commissioner of SSA in
the process. The fact that she initially contacted the Associate Commissioner by
mistake, instead of the FLRA Agent, does not provide just cause for suspending her for
3 days.
However, finding Grievant’s suspension improper does not mean that she is
entitled to all the relief requested. She is an employee who wastes a lot of upper
management’s time. Even after counseling and a blunt written reprimand for not first
acting locally, it is unclear that she has gotten the message. If she contacted AFGE
higher-ups with her every complaint, no doubt they would be frustrated too. For these
7
reasons, the arbitrator declines to direct that information about her suspension be
removed from her personnel files. If it hangs over her like a sword of Damocles, so be
it.
Award
________________________________
E. Frank Cornelius, PhD, JD, Arbitrator