Tidewater Virginia Federal Employees, Metal Trades Council, AFL-CIO (Respondent) and Louis T. Faison (Complainant) 



[ v01 p367 ]
01:0367(46)CO
The decision of the Authority follows:


 1 FLRA No. 46
 
 TIDEWATER VIRGINIA FEDERAL EMPLOYEES
 METAL TRADES COUNCIL, AFL-CIO
 Respondent
 
 and
 
 LOUIS T. FAISON
 Complainant
 
                                            Assistant Secretary
                                            Case No. 22-08567(CO)
 
                            DECISION AND ORDER
 
    ON FEBRUARY 26, 1979, ADMINISTRATIVE LAW JUDGE ROBERT J. FELDMAN
 ISSUED HIS RECOMMENDED DECISION AND ORDER IN THE ABOVE-ENTITLED
 PROCEEDING, FINDING THAT THE RESPONDENT HAD ENGAGED IN CERTAIN OF THE
 UNFAIR LABOR PRACTICES ALLEGED IN THE COMPLAINT AND RECOMMENDING THAT IT
 CEASE AND DESIST THEREFROM AND TAKE CERTAIN AFFIRMATIVE ACTIONS AS SET
 FORTH IN THE ATTACHED ADMINISTRATIVE LAW JUDGE'S RECOMMENDED DECISION
 AND ORDER.  NO EXCEPTIONS WERE FILED TO THE ADMINISTRATIVE LAW JUDGE'S
 RECOMMENDED DECISION AND ORDER.
 
    THE FUNCTIONS OF THE ASSISTANT SECRETARY OF LABOR FOR
 LABOR-MANAGEMENT RELATIONS UNDER EXECUTIVE ORDER 11491, AS AMENDED, WERE
 TRANSFERRED TO THE AUTHORITY UNDER SECTION 304 OF REORGANIZATION PLAN
 NO. 2 OF 1978 (43 F.R. 36040), WHICH TRANSFER OF FUNCTIONS IS
 IMPLEMENTED BY SECTION 2400.2 OF THE AUTHORITY'S TRANSITION RULES AND
 REGULATIONS (44 F.R. 7).  THE AUTHORITY CONTINUES TO BE RESPONSIBLE FOR
 THE PERFORMANCE OF THESE FUNCTIONS AS PROVIDED IN SECTION 7135(B) OF THE
 FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (92 STAT. 1215).
 
    THEREFORE, PURSUANT TO SECTION 2400.2 OF THE AUTHORITY'S TRANSITION
 RULES AND REGULATIONS AND SECTION 7135(B) OF THE STATUTE, THE AUTHORITY
 HAS REVIEWED THE RULINGS OF THE ADMINISTRATIVE LAW JUDGE MADE AT THE
 HEARING AND FINDS THAT NO PREJUDICIAL ERROR WAS COMMITTED.  THE RULINGS
 ARE HEREBY AFFIRMED.  UPON CONSIDERATION OF THE ADMINISTRATIVE LAW
 JUDGE'S RECOMMENDED DECISION AND ORDER AND THE ENTIRE RECORD IN THIS
 CASE, AND NOTING PARTICULARLY THAT NO EXCEPTIONS WERE FILED, THE
 AUTHORITY HEREBY ADOPTS THE ADMINISTRATIVE LAW JUDGE'S FINDINGS,
 CONCLUSIONS AND RECOMMENDATIONS.  /1/
 
                                   ORDER
 
    PURSUANT TO SECTION 2400.2 OF THE TRANSITION RULES AND REGULATIONS OF
 THE FEDERAL LABOR RELATIONS AUTHORITY AND SECTION 7135 OF THE FEDERAL
 SERVICE LABOR-MANAGEMENT RELATIONS STATUTE, THE AUTHORITY HEREBY ORDERS
 THAT THE TIDEWATER VIRGINIA FEDERAL EMPLOYEES METAL TRADES COUNCIL,
 AFL-CIO, SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) INTERFERING WITH LOUIS T. FAISON'S, OR ANY OTHER EMPLOYEE'S,
 NON-WORK TIME SOLICITATION
 
    ON BEHALF OF THE NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES, OR ANY
 OTHER LABOR
 
    ORGANIZATION, AT THE NAVAL PUBLIC WORKS CENTER, NORFOLK, VIRGINIA.
 
    2. TAKE THE FOLLOWING AFFIRMATIVE ACTIONS IN ORDER TO EFFECTUATE THE
 PURPOSES AND POLICIES OF EXECUTIVE ORDER 11491, AS AMENDED:
 
    (A) POST AT ITS LOCAL BUSINESS OFFICE AND AT ALL PLACES WHERE NOTICES
 TO MEMBERS ARE
 
    CUSTOMARILY POSTED, INCLUDING FACILITIES PROVIDED FOR IT AT THE NAVAL
 PUBLIC WORKS CENTER,
 
    NORFOLK, VIRGINIA, COPIES OF THE ATTACHED NOTICE MARKED "APPENDIX" ON
 FORMS TO BE FURNISHED BY
 
    THE FEDERAL LABOR RELATIONS AUTHORITY.  UPON RECEIPT OF SUCH FORMS,
 THEY SHALL BE SIGNED BY
 
    THE PRESIDENT OF THE TIDEWATER VIRGINIA FEDERAL EMPLOYEES METAL
 TRADES COUNCIL, AFL-CIO, AND
 
    SHALL BE POSTED AND MAINTAINED BY HIM FOR 60 CONSECUTIVE DAYS
 THEREAFTER IN CONSPICUOUS
 
    PLACES.  THE PRESIDENT SHALL TAKE STEPS TO INSURE THAT SUCH NOTICES
 ARE NOT REMOVED, ALTERED,
 
    DEFACED, OR COVERED BY ANY OTHER MATERIAL.
 
    (B) NOTIFY THE FEDERAL LABOR RELATIONS AUTHORITY, IN WRITING, WITHIN
 30 DAYS FROM THE DATE
 
    OF THIS ORDER AS TO WHAT STEPS HAVE BEEN TAKEN TO COMPLY HEREWITH.
 
    ISSUED, WASHINGTON, D.C., MAY 30, 1979
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
                                 APPENDIX
 
                    NOTICE TO ALL MEMBERS AND EMPLOYEES
 
           PURSUANT TO A DECISION AND ORDER OF THE FEDERAL LABOR
 
            RELATIONS AUTHORITY AND IN ORDER TO EFFECTUATE THE
 
          POLICIES OF CHAPTER 71 OF TITLE 5 OF THE UNITED STATES
 
              CODE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
 
          WE HEREBY NOTIFY OUR MEMBERS AND OTHER EMPLOYEES AT THE
 
           NAVAL PUBLIC WORKS CENTER, NORFOLK, VIRGINIA, THAT:
 
    WE WILL NOT INTERFERE WITH LOUIS T. FAISON'S, OR ANY OTHER
 EMPLOYEE'S, NON-WORK TIME SOLICITATION ON BEHALF OF THE NATIONAL
 ASSOCIATION OF GOVERNMENT EMPLOYEES, OR ANY OTHER LABOR ORGANIZATION, AT
 THE NAVAL PUBLIC WORKS CENTER, NORFOLK , VIRGINIA.
 
                   TIDEWATER VIRGINIA FEDERAL EMPLOYEES
 
                       METAL TRADES COUNCIL, AFL-CIO
 
    DATED:  BY:  PRESIDENT
 
    THIS NOTICE MUST REMAIN POSTED FOR 60 CONSECUTIVE DAYS FROM THE DATE
 OF POSTING, AND MUST NOT BE ALTERED, DEFACED, OR COVERED BY ANY OTHER
 MATERIALS.
 
    IF EMPLOYEES HAVE ANY QUESTIONS CONCERNING THIS NOTICE OR COMPLIANCE
 WITH ANY OF ITS PROVISIONS, THEY MAY COMMUNICATE DIRECTLY WITH THE
 REGIONAL DIRECTOR OF THE FEDERAL LABOR RELATIONS AUTHORITY, WHOSE
 ADDRESS IS:  ROOM 509, VANGUARD BUILDING, P.O. BOX 19257, 1111 - 20TH
 STREET, N.W.  WASHINGTON, D.C. 20036.
 
    APPEARANCES:
 
    ROBERT MATISOFF, ESQ.
 
    O'DONOGHUE & O'DONOGHUE
 
    1912 SUNDERLAND PLACE, N.W.
 
    WASHINGTON, D.C.  20036
 
                            FOR THE RESPONDENT
 
    LOUIS T. FAISON
 
    944 TIFTON STREET
 
    NORFOLK, VIRGINIA 23513
 
                            COMPLAINANT PRO SE
 
    RONALD B. ZEDD, ESQ., OBSERVING
 
    BEFORE:  ROBERT J. FELDMAN
 
                         ADMINISTRATIVE LAW JUDGE
 
                           CASE NO. 22-8567(CO)
 
                            DECISION AND ORDER
 
    THIS IS AN UNFAIR LABOR PRACTICE PROCEEDING IN WHICH A FORMAL HEARING
 OF RECORD WAS HELD PURSUANT TO THE PROVISIONS OF EXECUTIVE ORDER 11491
 AS AMENDED (HEREINAFTER REFERRED TO "ORDER") AND 29 C.F.R. PART 203.  IN
 THE LIGHT OF REORGANIZATION PLAN NO. 2 OF 1978 AND TITLE VII OF THE
 CIVIL SERVICE REFORM ACT OF 1978, THE DECISION AND ORDER HEREIN ARE
 ISSUED PURSUANT TO TRANSITION RULES AND REGULATIONS PROMULGATED IN
 FEDERAL REGISTER, VOL. 44, 1, JANUARY 2, 1979, PP. 5-8.
 
                           STATEMENT OF THE CASE
 
    THE COMPLAINT AS FILED ALLEGED VIOLATIONS OF SECTION 19(B)(1), (2) &
 (3) OF THE ORDER BASED UPON THE CHARGE THAT AN OFFICIAL OF THE
 RESPONDENT HAD PHYSICALLY ASSAULTED COMPLAINANT AND HAD TAKEN A
 CLIPBOARD CONTAINING PETITIONS OBTAINED BY HIM IN AN EFFORT TO CAUSE AN
 ELECTION CHALLENGING RESPONDENT'S REPRESENTATIONAL STATUS;  AND ALSO
 THAT SUCH OFFICIAL HAD TOLD ASSEMBLED EMPLOYEES THAT IF THEY SIGNED THE
 PETITION, RESPONDENT WOULD FILE CHARGES AGAINST THEM.  PRIOR TO ISSUING
 THE NOTICE OF HEARING, THE REGIONAL ADMINISTRATOR DISMISSED THE 19(B)(2)
 & (3) PORTIONS OF THE COMPLAINT ON THE GROUND THAT COMPLAINANT HAD
 FAILED TO ESTABLISH A REASONABLE BASIS FOR THE ALLEGED VIOLATIONS OF
 THOSE SECTIONS.  IN HIS LETTER OF PARTIAL DISMISSAL, THE REGIONAL
 ADMINISTRATOR STATED THAT NO EVIDENCE HAD BEEN ADDUCED THAT RESPONDENT'S
 REPRESENTATIVES ATTEMPTED TO INDUCE AGENCY MANAGEMENT TO COERCE AN
 EMPLOYEE IN THE EXERCISE OF RIGHTS UNDER THE ORDER, NOR WAS THERE ANY
 EVIDENCE THAT RESPONDENT COERCED, ATTEMPTED TO COERCE, DISCIPLINE, FINE
 OR TAKE OTHER ECONOMIC SANCTION AGAINST A MEMBER OF THE ORGANIZATION AS
 PUNISHMENT OR REPRISAL, OR FOR THE PURPOSE OF HINDERING OR IMPEDING THE
 MEMBER'S WORK PERFORMANCE, PRODUCTIVITY OR DISCHARGE OF DUTIES.  IT DOES
 NOT APPEAR THAT ANY APPEAL WAS TAKEN FROM THE PARTIAL DISMISSAL.
 
    IN VIEW OF THE ABOVE, THE SOLE ISSUE TO BE DETERMINED IS WHETHER THE
 RESPONDENT LABOR ORGANIZATION INFERRED WITH, RESTRAINED OR COERCED AN
 EMPLOYEE IN THE EXERCISE OF HIS RIGHTS ASSURED BY THE ORDER IN VIOLATION
 OF SECTION 19(B)(1).
 
                             FINDINGS OF FACT
 
    ON AUGUST 11, 1977, RESPONDENT WAS THE RECOGNIZED EXCLUSIVE
 BARGAINING AGENT FOR THE EMPLOYEE UNIT IN QUESTION.  COMPLAINANT WAS
 THEN AN EMPLOYEE IN THE TRANSPORTATION DEPARTMENT OF THE NAVAL PUBLIC
 WORKS CENTER IN NORFOLK, VIRGINIA, AND WAS ALSO A NATIONAL
 REPRESENTATIVE OF THE NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES
 (NAGE).  SHORTLY BEFORE THE COMMENCEMENT OF THE DAY SHIFT THAT MORNING,
 COMPLAINANT WAS SOLICITING SIGNATURES ON A PETITION IN A PARKING LOT AT
 THE NAVAL PUBLIC WORKS CENTER.  THE PETITION THAT COMPLAINANT WAS
 CIRCULATING CONSISTED OF A NUMBER OF SHEETS OF AN AUTHORIZATION PETITION
 ATTACHED TO A CLIPBOARD.  EACH SHEET CONTAINED A STATEMENT AT THE TOP TO
 THE EFFECT THAT THE SIGNATORIES AUTHORIZED NAGE TO REPRESENT THEM AS
 BARGAINING AGENT, THE OBJECTIVE BEING TO CREATE A SHOWING OF INTEREST TO
 WARRANT AN ELECTION CHALLENGING RESPONDENT'S REPRESENTATION OF THE UNIT.
 
    DURING THE COURSE OF COMPLAINANT'S SOLICITATION, ONE WALTER R.
 GATLING, THEN RESPONDENT'S LOCAL CHAIRMAN OR ACTIVITY REPRESENTATIVE,
 AFTER LISTENING TO COMPLAINANT'S REQUEST TO EMPLOYEES TO SIGN THE
 PETITION, ASKED COMPLAINANT TO TELL SUCH EMPLOYEES THE TRUTH AS TO WHAT
 IT WAS HE WAS ASKING THEM TO SIGN, IMPLYING THAT COMPLAINANT WAS
 MISREPRESENTING THE CONTENTS OF THE PETITION.  COMPLAINANT ASKED MR.
 GATLING NOT TO BOTHER HIM AND TURNED AWAY.  AS HE DID SO, MR. GATLING
 TOOK POSSESSION OF THE CLIPBOARD WITH THE PETITION SHEETS ATTACHED TO
 IT.  WHEN COMPLAINANT ASKED HIM TO RETURN THE CLIPBOARD, MR. GATLING
 REFUSED TO DO SO UNLESS COMPLAINANT WOULD TELL THE PEOPLE THAT IT WAS A
 NAGE PETITION HE WAS ASKING THEM TO SIGN, INSTEAD OF A PETITION AGAINST
 THE CONTRACTING-OUT OF SOME OPERATIONS.  COMPLAINANT THEN CALLED A
 NEARBY BASE POLICEMAN, BUT BY THEN MR. GATLING HAD LEFT THE AREA, SO
 COMPLAINANT REPORTED THE INCIDENT TO THE BASE POLICE DEPARTMENT.
 
    AN HOUR OR TWO LATER, MR. GATLING RETURNED THE CLIPBOARD TO THE BASE
 POLICE OFFICE.  COMPLAINANT INSISTED, HOWEVER, THAT SEVERAL SHEETS OF
 SIGNATURES HAD BEEN REMOVED FROM THE CLIPBOARD, AS A RESULT OF WHICH MR.
 GATLING WAS CHARGED WITH THEFT OF PERSONAL PROPERTY OF A VALUE OF LESS
 THAN $100.00 AND WAS GIVEN A SUMMONS TO APPEAR IN COURT.  SUBSEQUENTLY
 THE CHARGE WAS DISMISSED.
 
    ON OTHER OCCASIONS, SEVERAL EMPLOYEES HAD SIGNED COMPLAINANT'S
 PETITIONS UNDER A MISTAKEN IMPRESSION AS TO THE CONTENTS AND PURPOSE
 THEREOF, CLAIMING THAT THEY DID NOT SEE, OR DID NOT READ, THE
 TYPEWRITTEN PARAGRAPH AT THE TOP OF THE SHEET AND THAT THEY WERE TOLD IT
 WAS A PETITION AGAINST CONTRACTING-OUT CERTAIN WORK OR A PETITION TO
 INCREASE WAGES.  ON AUGUST 31, 1977, NAGE FILED A LABOR ORGANIZATION
 PETITION (RO) FOR CERTIFICATION OF REPRESENTATIVE.  ON OCTOBER 20, 1977,
 NAGE WITHDREW SUCH PETITION.
 
                            CONCLUSIONS OF LAW
 
    RESPONDENT RECOGNIZES THAT UNDER SECTION 1(A) OF THE ORDER,
 COMPLAINANT AS AN EMPLOYEE HAD AN ASSURED OR PROTECTED RIGHT TO ASSIST A
 LABOR ORGANIZATION BY SOLICITING SIGNATURES ON AN AUTHORIZATION
 PETITION.  IT CONTENDS HOWEVER THAT COMPLAINANT MISREPRESENTED THE
 CONTENT AND PURPOSE OF THE PETITION TO SOME PROSPECTIVE SIGNATORIES AND
 THEREBY NOT ONLY LOST WHATEVER PROTECTION THE ORDER HAD GIVEN HIM, BUT
 CONFERRED UPON THE RESPONDENT THE RIGHT TO INTERFERE WITH HIS ACTIVITY,
 CONTRARY TO THE EXPRESS PROVISIONS OF SECTION 19(B)(1).
 
    I AM NOT PERSUADED THAT THERE IS ANY VALIDITY TO SUCH A CONTENTION.
 THE ADJUDICATIONS IN THE PRIVATE SECTOR RELIED UPON BY RESPONDENT HAVE
 LITTLE OR NO PRECEDENTIAL VALUE IN PROCEEDINGS UNDER THE ORDER.  IN THE
 FIRST PLACE, SECTION 8(B)(1) OF THE NATIONAL LABOR RELATIONS ACT (29
 U.S.C. 158(B)(1)) PROHIBITS A LABOR ORGANIZATION ONLY FROM RESTRAINING
 OR COERCING EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS;  IT OMITS ANY
 REFERENCE TO "INTERFERING WITH" EMPLOYEES IN THE EXERCISE OF SUCH
 RIGHTS.  IN THE SECOND PLACE, THE CASES CITED BY RESPONDENT ARE
 FACTUALLY INAPPOSITE, SINCE WITH A SINGLE EXCEPTION OF A DECISION
 INVOLVING DISCHARGES FOR VIOLENCE AND HOLDING THAT FIGHTING IS NOT A
 PROTECTED ACTIVITY EVEN IF UNION ACTIVITY GAVE RISE TO IT, THEY DEAL
 EXCLUSIVELY WITH EMPLOYER OBLIGATIONS UNDER SECTION 8(A).  SEE, E.G.,
 WHITIN MACHINE WORKS, 100 N.L.R.B. 279(1952).
 
    FROM THE EVIDENCE ADDUCED IN THE INSTANT CASE, I CANNOT CONCLUDE THAT
 RESPONDENT'S ACTIONS AMOUNTED TO ANY RESTRAINT OR COERCION UPON ANY
 EMPLOYEE, BUT IT IS CLEAR THAT SUCH ACTIONS CONSTITUTED INTERFERENCE
 WITH COMPLAINANT'S RIGHT TO ASSIST NAGE, A LABOR ORGANIZATION, BY
 CIRCULATING PETITIONS WITH A VIEW TO OBTAINING A REPRESENTATIONAL
 ELECTION.  RESPONDENT'S SUGGESTION THAT THE STATUTORY BAN UPON SUCH
 INTERFERENCE BE NEGATED ON EQUITABLE GROUNDS IS WITHOUT FOUNDATION.  ANY
 MISREPRESENTATION ON COMPLAINANT'S PART IS NO JUSTIFICATION FOR
 COMMITTING AN UNFAIR LABOR PRACTICE IN DIRECT VIOLATION OF THE ORDER.
 THE DEFENSE AGAINST AND REMEDY FOR SUCH MISREPRESENTATION IS THE
 INVALIDATION IN REPRESENTATION PROCEEDINGS OF PETITIONS SO OBTAINED, AND
 IT IS APPARENT THAT RESPONDENT WAS WELL AWARE OF SUCH DEFENSE AND
 REMEDY, AND WAS GATHERING EVIDENCE TO EFFECTUATE SUCH INVALIDATION (SEE
 RESPONDENT'S EXHIBITS C, D &E.)
 
    COMPLAINANT'S CONDUCT IN SOLICITING SOME SIGNATURES WITHOUT
 DISCLOSING THE TRUE NATURE OF THE PETITION IS WHOLLY UNACCEPTABLE AND IS
 HEREBY IN NO WAY CONDONED.  IN VIEW OF THE FOREGOING, HOWEVER, I AM
 CONSTRAINED TO FIND THAT RESPONDENT VIOLATED SECTION 19(B)(1) OF THE
 ORDER BY INTERFERING WITH COMPLAINANT'S EXERCISE OF HIS RIGHT TO SEEK
 SIGNATORIES TO THE NAGE AUTHORIZATION PETITION.
 
                                   ORDER
 
    PURSUANT TO SECTION 6(B) OF EXECUTIVE ORDER 11491, AS AMENDED, AND
 SECTION 203.26(B) OF THE REGULATIONS, IT IS HEREBY ORDERED ON BEHALF OF
 THE FEDERAL LABOR RELATIONS AUTHORITY THAT TIDEWATER VIRGINIA FEDERAL
 EMPLOYEES METAL TRADES COUNCIL, AFL-CIO SHALL:
 
    1.  CEASE AND DESIST FROM INTERFERING WITH THE SOLICITATION BY LOUIS
 T. FAISON OR OTHERS OF SIGNATURES ON AUTHORIZATION PETITIONS ON BEHALF
 OF THE NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES;  AND FROM IN ANY
 LIKE OR RELATED MANNER, INTERFERING WITH, RESTRAINING, OR COERCING
 EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY EXECUTIVE ORDER
 11491, AS AMENDED.
 
    2. TAKE THE FOLLOWING AFFIRMATIVE ACTION IN ORDER TO EFFECTUATE THE
 PURPOSES AND POLICIES OF EXECUTIVE ORDER 11491, AS AMENDED:  POST AT THE
 NAVAL PUBLIC WORKS CENTER, NORFOLK, VIRGINIA, COPIES OF THE ATTACHED
 NOTICE MARKED "APPENDIX" ON FORMS TO BE FURNISHED BY THE FEDERAL LABOR
 RELATIONS AUTHORITY.  UPON RECEIPT OF SUCH FORMS, THEY SHALL BE SIGNED
 BY THE PRESIDENT OR CHIEF EXECUTIVE OFFICER OF TIDEWATER VIRGINIA
 FEDERAL EMPLOYEES METAL TRADES COUNCIL, AFL-CIO, AND SHALL BE POSTED AND
 MAINTAINED BY HIM FOR SIXTY (60) CONSECUTIVE DAYS THEREAFTER IN
 CONSPICUOUS PLACES, INCLUDING ALL PLACES WHERE NOTICES OF SAID COUNCIL
 TO EMPLOYEES ARE CUSTOMARILY POSTED.  THE PRESIDENT OR CHIEF EXECUTIVE
 OFFICER SHALL TAKE STEPS TO INSURE THAT THE NOTICES ARE NOT ALTERED,
 DEFACED, OR COVERED BY ANY OTHER MATERIAL.
 
    PURSUANT TO SECTION 203.27 OF THE REGULATIONS, NOTIFY THE FEDERAL
 LABOR RELATIONS AUTHORITY, IN WRITING, WITHIN 30 DAYS FROM THE DATE OF
 THIS ORDER AS TO WHAT STEPS HAVE BEEN TAKEN TO COMPLY HEREWITH.
 
                             ROBERT J. FELDMAN
 
                         ADMINISTRATIVE LAW JUDGE
 
    DATED:  FEBRUARY 26, 1979
 
    WASHINGTON, D.C.
 
    RJF:LE
 
                                 APPENDIX
 
                          NOTICE TO ALL EMPLOYEES
 
           PURSUANT TO A DECISION AND ORDER OF THE FEDERAL LABOR
 
            RELATIONS AUTHORITY AND IN ORDER TO EFFECTUATE THE
 
               POLICIES OF EXECUTIVE ORDER 11491, AS AMENDED
 
             LABOR-MANAGEMENT RELATIONS IN THE FEDERAL SERVICE
 
                   WE HEREBY NOTIFY ALL EMPLOYEES THAT:
 
    WE WILL NOT INTERFERE WITH THE SOLICITATION BY LOUIS T. FAISON OR
 OTHERS OF SIGNATURES ON AUTHORIZATION PETITIONS ON BEHALF OF THE
 NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES.
 
    WE WILL NOT IN ANY LIKE OR RELATED MANNER, INTERFERE WITH, RESTRAIN,
 OR COERCE EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY EXECUTIVE
 ORDER 11491, AS AMENDED.
 
        TIDEWATER VIRGINIA FEDERAL EMPLOYEES METAL TRADES COUNCIL,
 
                                  AFL-CIO
 
    DATED:  BY:  (SIGNATURE)
 
    THIS NOTICE MUST REM