Department of Health, Education and Welfare, Social Security Administration, Bureau of Hearings and Appeals, Region II, San Juan, Puerto Rico

 



[ v01 p419 ]
01:0419(50)AS
The decision of the Authority follows:


 1 FLRA No. 50
                                            JUNE 11, 1979
 
 MR. PETER B. BROIDA
 STAFF COUNSEL
 OFFICE OF THE GENERAL COUNSEL
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO
 1325 MASSACHUSETTS AVENUE, N.W.
 WASHINGTON, D.C.  20005
 
                       RE:  DEPARTMENT OF HEALTH, EDUCATION AND 
                            WELFARE, SOCIAL SECURITY ADMINISTRATION, 
                            BUREAU OF HEARINGS AND APPEALS, REGION II,
                            SAN JUAN, PUERTO RICO, A/SLMR Nos. 1127 AND
                            1154, Case No. 0-AS-1
 
 DEAR MR. BROIDA:
 
    THE AUTHORITY HAS CAREFULLY CONSIDERED YOUR PETITION FOR REVIEW OF
 THE ASSISTANT SECRETARY'S DECISION, AND THE AGENCY'S OPPOSITION THERETO,
 IN THE ABOVE-ENTITLED CASE.
 
    IN THIS CASE, THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 AFL-CIO, LOCAL 3534 (THE UNION) FILED AN UNFAIR LABOR PRACTICE COMPLAINT
 ALLEGING THAT THE SOCIAL SECURITY ADMINISTRATION, BUREAU OF HEARINGS AND
 APPEALS, REGION II, SAN JUAN, PUERTO RICO (THE ACTIVITY) VIOLATED
 SECTION 19(A)(1) AND (2) OF THE ORDER BY ASSIGNING A "SATISFACTORY"
 RATHER THAN THE RECOMMENDED "OUTSTANDING" PERFORMANCE RATING TO AN
 EMPLOYEE IN ONE CATEGORY ("GETTING ALONG WITH OTHERS") BECAUSE OF HER
 ACTIVITIES AS A UNION SHOP STEWARD.  THE ADMINISTRATIVE LAW JUDGE (ALJ)
 CONCLUDED