NAGE Wins Arbitration Reducing Member's 14-Day Suspension to Reprimand
A member of Local R5-66 (Memphis VA Medical Center) has been awarded back pay in an arbitration win that also reduced his 14-day suspension to a written reprimand. NAGE Assistant Regional Counsel Sarah Suszczyk represented the grieavnt in the case.
The grievant had received a 14-day suspension in 2007 for three charges: failure to follow instructions of his supervisor, disorderly conduct, and rude and inappropriate conduct. Prior to the suspension, the grievant had not received any discipline during his employment with the VA.
Attorney Suszczyk successfully argued that the grievant's alleged actions were not so egregious as to warrant the severe penalty meted out in the case. At the hearing, Suszczyk was able to have one charge stricken and was able to discount the proposing official’s credibility. The Agency was unable to meet its burden of proof that the discipline was issued for just cause.
In his decision, the arbitrator found among other things that the proposing official:
“did not review Grievant’s employment record, did not determine that he had received no discipline during his employment, did not review the matter with supervisory staff, and other wise ignored all tenets of progressive discipline. He further did not consult the record of penalties imposed for similar misconduct. In the final analysis [the proposing official] violated every section of the Collective Bargaining Agreement (CBA) that related to discipline, and the fairness and equity aspect thereof.”
The arbitrator reduced the 14-day suspension to a written reprimand, awarded back pay, cleared the grievant’s record of the rude and inappropriate conduct charge, and made the grievant whole for any loss of night-time differential until the date of the issuance of notice of suspension.