SUSPENSION REDUCED TO REPRIMAND

In an SSA case, an arbitrator has overturned a five day suspension, with the employee getting her pay back for this period.

The employee had worked for the Social Security Administration for more than 35 years. During that time, she had never been disciplined. In fact, she was an effective and conscientious worker. Nevertheless, in 2008 the agency gave her a five day suspension for minor alleged misconduct.

The employee filed a timely grievance, and the union took the case to arbitration. The agency pointed to a number of alleged facts as justifying giving a five day suspension for a first offense. The union disproved the alleged facts, and, so the arbitrator overturned the suspension on the ground that the agency had failed to follow progressive discipline. The maximum penalty allowable was a reprimand.

The employee has been reimbursed her five days’ pay.