Department of Treasury, Bureau of Engraving and Printing (Respondent) and International Brotherhood of Electrical Workers, Local Union 121 (AFL-CIO) (Complainant) 

 



[ v01 p603 ]
01:0603(69)CA
The decision of the Authority follows:


 1 FLRA No. 69
 
 DEPARTMENT OF TREASURY,
 BUREAU OF ENGRAVING AND PRINTING
 Respondent
 
 and
 
 INTERNATIONAL BROTHERHOOD OF
 ELECTRICAL WORKERS, LOCAL UNION 121
 (AFL-CIO)
 Complainant
 
                                            Assistant Secretary
                                            Case No. 22-9031(CA)
 
                            DECISION AND ORDER
 
    ON MARCH 7, 1979, ADMINISTRATIVE LAW JUDGE BURTON S. STERNBURG ISSUED
 HIS RECOMMENDED DECISION AND ORDER IN THE ABOVE-ENTITLED PROCEEDING,
 FINDING THAT THE RESPONDENT HAD NOT ENGAGED IN THE UNFAIR LABOR
 PRACTICES ALLEGED IN THE COMPLAINT AND RECOMMENDING THAT THE COMPLAINT
 BE DISMISSED IN ITS ENTIRETY.  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 RECOMMENDATION.  /1A/
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE COMPLAINT IN ASSISTANT SECRETARY CASE
 NO. 22-9031(CA) BE, AND IT HEREBY IS, DISMISSED.
 
    ISSUED, WASHINGTON, D.C., JUNE 15, 1979
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
    MS. SALLY KRAUSE MARSHALL
 
    LABOR RELATIONS OFFICER
 
    BUREAU OF ENGRAVING AND PRINTING
 
    15TH & C STREET, S.W.
 
    WASHINGTON, D.C. 20028
 
                            FOR THE RESPONDENT
 
    MR. LAWRENCE HOGAN
 
    INTERNATIONAL REPRESENTATIVE
 
    INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
 
    6812 ELBROOK ROAD
 
    LANHAM, MARYLAND 20801
 
                            FOR THE COMPLAINANT
 
    BEFORE:  BURTON S. STERNBURG
 
    ADMINISTRATIVE LAW JUDGE
 
                            DECISION AND ORDER
 
                           STATEMENT OF THE CASE
 
    PURSUANT TO A COMPLAINT FILED ON MAY 16, 1978, UNDER EXECUTIVE ORDER
 11491, AS AMENDED, BY LOCAL UNION 121, INTERNATIONAL BROTHERHOOD OF
 ELECTRICAL WORKERS, AFL-CIO, (HEREINAFTER CALLED THE UNION OR
 COMPLAINANT), AGAINST THE DEPARTMENT OF THE TREASURY, BUREAU OF
 ENGRAVING AND PRINTING, (HEREINAFTER CALLED THE RESPONDENT OR ACTIVITY),
 A NOTICE OF HEARING ON COMPLAINT WAS ISSUED BY THE REGIONAL
 ADMINISTRATOR FOR THE PHILADELPHIA, PENNSYLVANIA REGION ON OCTOBER 12,
 1978.
 
    THE COMPLAINT ALLEGES THAT THE RESPONDENT VIOLATED SECTIONS 19(A)(1)
 AND (6) OF THE EXECUTIVE ORDER BY VIRTUE OF ITS ACTIONS IN DENYING
 EMPLOYEE ISAAC STROZIER'S REQUEST FOR UNION REPRESENTATION AT A MEETING
 CALLED FOR PURPOSES OF GIVING MR. STROZIER NOTICE OF A THIRTY DAY
 SUSPENSION.
 
    A HEARING WAS HELD IN THE CAPTIONED MATTER ON FEBRUARY 2, 1979 IN
 WASHINGTON, D.C.  ALL PARTIES WERE AFFORDED FULL OPPORTUNITY TO BE
 HEARD, TO EXAMINE AND CROSS-EXAMINE WITNESSES, AND TO INTRODUCE EVIDENCE
 BEARING ON THE ISSUES INVOLVED HEREIN.  /1/
 
    UPON THE BASIS OF ENTIRE RECORD, INCLUDING MY OBSERVATION OF THE
 WITNESSES AND THEIR DEMEANOR, I MAKE THE FOLLOWING FINDINGS OF FACT AND
 CONCLUSIONS.
 
                             FINDINGS OF FACT
 
    THE ACTIVITY IS AN INDUSTRIAL SECURITY PRINTING PLANT RESPONSIBLE FOR
 THE MANUFACTURE OF CURRENCY, POSTAGE STAMPS AND OTHER SECURITY ITEMS FOR
 THE U.S.  GOVERNMENT.  APPROXIMATELY 3,300 PERSONS ARE EMPLOYED.  THERE
 ARE 25 DIFFERENT CRAFTS, A NON-CRAFT GROUP, A CLERICAL/TECHNICAL GROUP,
 AND GUARDS, ORGANIZED INTO 17 BARGAINING UNITS.  FIFTEEN
 LABOR-MANAGEMENT AGREEMENTS ARE IN EFFECT.
 
    LOCAL 121, IBEW, THE COMPLAINANT HEREIN, REPRESENTS APPROXIMATELY 85
 ELECTRICIANS AND STATIONARY ENGINEERS IN SEPARATE UNITS.  THERE ARE
 SEPARATE COLLECTIVE BARGAINING AGREEMENTS FOR BOTH CRAFTS.  THE INSTANT
 COMPLAINT INVOLVES ONLY THE ELECTRICIANS.
 
    ON NOVEMBER 21, 1977, MR. ISAAC STROZIER, AN ELECTRICIAN, HAD AN
 ALTERCATION WITH MR. COOL, ACTING FOREMAN, ELECTRIC SHOP.  THEREAFTER,
 ON NOVEMBER 29, 1977 AND JANUARY 31, 1978, MR. G.W. HALL, SUPERINTENDENT
 OF CONSTRUCTION AND MAINTENANCE, MET WITH MR. STROZIER AND HIS
 DESIGNATED UNION REPRESENTATIVES, MR. CLEM AND MR. HAMLETT, FOR PURPOSES
 OF CONDUCTING "FACT-FINDING MEETINGS."
 
    ON FEBRUARY 17, 1978, AT APPROXIMATELY 1:10 P.M., SUPERINTENDENT HALL
 RECEIVED A MEMORANDUM FROM RESPONDENT'S OFFICE OF INDUSTRIAL RELATIONS
 WHICH AUTHORIZED SUPERINTENDENT HALL TO PRESENT A "NOTICE OF SUSPENSION"
 TO MR. STROZIER FOR HIS ACTIVITIES WITH RESPECT TO FOREMAN COOL ON
 NOVEMBER 21, 1977.  THE MEMORANDUM, WHICH HAD THE "NOTICE OF SUSPENSION"
 ATTACHED, INSTRUCTED SUPERINTENDENT HALL TO SERVE OR DELIVER THE "NOTICE
 OF SUSPENSION" WITHIN 24 HOURS.  INASMUCH AS SUPERINTENDENT HALL WAS
 SCHEDULED TO GO ON ANNUAL LEAVE AT 1:30 P.M., HE IMMEDIATELY CONTACTED
 FOREMAN COOL AND INSTRUCTED HIM TO BRING MR. STROZIER TO HIS OFFICE.
 MR. STROZIER AND FOREMAN COOL APPEARED AT SUPERINTENDENT HALL'S OFFICE
 AT 1:30 P.M.  SUPERINTENDENT HALL INFORMED MR. STROZIER OF THE PURPOSE
 OF THE MEETING AND PROCEEDED IN ACCORDANCE WITH HIS USUAL PRACTICE TO
 READ THE "NOTICE OF SUSPENSION." MR. STROZIER NOTED THAT HE HAD BEEN
 REPRESENTED BY MR.  CLEM AND/OR MR. HAMLETT IN PRIOR MEETINGS CONCERNING
 THE MATTER AND INDICATED THAT HE DESIRED THEIR PRESENCE.  UPON BEING
 INFORMED THAT NEITHER OF THE TWO GENTLEMEN WERE AT WORK AT THE TIME.
 MR. STROZIER MADE NO FURTHER REQUEST FOR ANOTHER UNION REPRESENTATIVE
 WHO WAS AVAILABLE.  THEREAFTER, SUPERINTENDENT HALL MADE IT CLEAR THAT
 HE DID NOT INTEND TO ENTER ANY DISCUSSION CONCERNING THE MERITS OF THE
 "NOTICE OF SUSPENSION" AND MR. STROZIER DECLINED TO FORMALLY ACCEPT THE
 "NOTICE OF SUSPENSION."
 
    ACCORDING TO THE UNCONTROVERTED TESTIMONY OF SUPERINTENDENT HALL,
 DURING THE PAST FIVE YEARS, UNION