American Federation of Government Employees, AFL-CIO, Local 2000 (Respondent) and Sallie J. Whitaker and G. Irene McDonald, Individuals and Sallie J. Whitaker, and Individual (Charging Parties)

 



[ v04 p601 ]
04:0601(81)CO
The decision of the Authority follows:


 4 FLRA No. 81
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 2000
 Respondent
 
 and
 
 SALLIE J. WHITAKER AND
 G. IRENE McDONALD, INDIVIDUALS
 
 and
 
 SALLIE J. WHITAKER, AN INDIVIDUAL
 Charging Parties
 
                                            Case Nos. 6-CO-1
                                                      6-CO-2
                                                      6-CO-3
 
                            DECISION AND ORDER
 
    THE ADMINISTRATIVE LAW JUDGE ISSUED HIS RECOMMENDED DECISION AND
 ORDER IN THE ABOVE-ENTITLED PROCEEDING, FINDING THAT RESPONDENT HAD
 ENGAGED IN UNFAIR LABOR PRACTICES UNDER EXECUTIVE ORDER 11491, AS
 AMENDED, AND THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5
 U.S.C. 7101-7135) AS ALLEGED IN THE COMPLAINTS, 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.  THE RESPONDENT FILED UNTIMELY EXCEPTIONS TO THE
 ADMINISTRATIVE LAW JUDGE'S RECOMMENDED DECISION AND ORDER WHICH WERE NOT
 CONSIDERED.
 
    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 RULES AND REGULATIONS
 (5 CFR 2400.2).  THE AUTHORITY CONTINUES TO BE RESPONSIBLE FOR THE
 PERFORMANCE OF THESE FUNCTIONS AS PROVIDED IN SECTION 7135(B) OF THE
 STATUTE.
 
    THEREFORE, PURSUANT TO SECTIONS 2400.2 AND 2423.29 OF THE AUTHORITY'S
 RULES AND REGULATIONS AND SECTIONS 7118 AND 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 THE
 SUBJECT CASES, THE AUTHORITY HEREBY ADOPTS THE ADMINISTRATIVE LAW
 JUDGE'S FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS AS MODIFIED BELOW.
 
    THE ADMINISTRATIVE LAW JUDGE'S RECOMMENDED ORDER PROVIDES FOR THE
 REINSTATEMENT OF CERTAIN ENUMERATED BENEFITS TO G. IRENE MCDONALD AND
 THE ESTATE OF SALLIE J.  WHITAKER TO THE EXTENT THAT THEY CAN BE MADE
 RETROACTIVE.  THE AUTHORITY FINDS THAT THE RECORD DOES NOT SUPPORT
 WHETHER OR NOT G. IRENE MCDONALD AND THE ESTATE OF SALLIE J. WHITAKER
 ARE ENTITLED TO THE BENEFITS ENUMERATED IN THE ADMINISTRATIVE LAW
 JUDGE'S RECOMMENDED ORDER.  ACCORDINGLY, THE ORDER IS AMENDED IN THIS
 RESPECT SO AS TO MAKE THE CHARGING PARTIES WHOLE FOR ANY LOSS OF
 BENEFITS RESULTING FROM THE RESPONDENT'S UNLAWFUL CONDUCT, BUT LEAVING
 THE DETAILS OF SUCH REMEDY TO THE COMPLIANCE PROCEDURES.
 
                                   ORDER
 
    PURSUANT TO 5 U.S.C. 7118(A)(7)(A) AND SECTION 7135 AND 5 C.F.R.
 2423.29(B)(1), THE FEDERAL LABOR RELATIONS AUTHORITY ORDERS THAT THE
 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2000 SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) DENYING MEMBERSHIP TO G. IRENE MCDONALD IN AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2000, FOR ANY REASON OTHER THAN HER
 FAILURE TO MEET REASONABLE OCCUPATIONAL STANDARDS UNIFORMLY REQUIRED FOR
 ADMISSION, OR HER FAILURE TO TENDER DUES UNIFORMLY REQUIRED AS A
 CONDITION OF ACQUIRING AND RETAINING MEMBERSHIP.
 
    (B) DENYING MEMBERSHIP TO G. IRENE MCDONALD, OR REQUIRING G. IRENE
 MCDONALD TO REAPPLY FOR MEMBERSHIP BECAUSE OF DUES ARREARAGES WHILE NOT
 RAISING SIMILAR KNOWN DEFICIENCIES ON THE PART OF CERTAIN OTHER OF
 RESPONDENT'S MEMBERS.
 
    (C) THREATENING G. IRENE MCDONALD WITH UNSPECIFIED CHARGES BECAUSE
 SHE SOUGHT TO PAY DUES AND RETAIN MEMBERSHIP IN AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2000.
 
    (D) IN ANY LIKE OR RELATED MANNER, INTERFERING WITH, RESTRAINING, OR
 COERCING EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY THE
 FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE.
 
    2.  TAKE THE FOLLOWING AFFIRMATIVE ACTION IN ORDER TO CARRY OUT THE
 PURPOSES AND POLICIES OF EXECUTIVE ORDER 11491, AS AMENDED, AND THE
 FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE:
 
    (A) RESTORE SALLIE J. WHITAKER TO FULL MEMBERSHIP IN AMERICAN
 FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2000, THROUGH THE
 DATE OF HER DEATH, AND, UPON REQUEST, RESTORE G. IRENE MCDONALD TO FULL
 MEMBERSHIP IN AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO,
 LOCAL 2000, AND MAKE THEM WHOLE, CONSISTENT WITH APPLICABLE LAWS AND
 REGULATIONS, FOR ANY LOSS OF BENEFITS THEY MAY HAVE SUFFERED BY REASON
 OF ITS DENIAL OF MEMBERSHIP.
 
    (B) POST AT THEIR RESPECTIVE BUSINESS OFFICES AND IN NORMAL MEETING
 PLACES, INCLUDING ALL PLACES WHERE NOTICES TO MEMBERS ARE CUSTOMARILY
 POSTED, COPIES OF THE ATTACHED NOTICE MARKED "APPENDIX" ON FORMS TO BE
 FURNISHED BY THE AUTHORITY.  UPON RECEIPT OF SUCH FORMS, THEY SHALL BE
 SIGNED BY A REPRESENTATIVE OF AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 2000, AND SHALL BE POSTED FOR 60 CONSECUTIVE
 DAYS THEREAFTER, IN CONSPICUOUS PLACES, INCLUDING ALL PLACES WHERE
 NOTICES TO MEMBERS ARE CUSTOMARILY POSTED.  REASONABLE STEPS SHALL BE
 TAKEN TO INSURE THAT SUCH NOTICES ARE NOT ALTERED, DEFACED, OR COVERED
 BY ANY OTHER MATERIAL.
 
    (C) SUBMIT SIGNED COPIES OF SAID NOTICE TO EMPLOYERS FOR POSTING IN
 CONSPICUOUS PLACES WHERE UNIT EMPLOYEES ARE LOCATED, WHERE THEY SHALL BE
 MAINTAINED FOR A PERIOD OF 60 CONSECUTIVE DAYS FROM THE DATE OF POSTING.
 
    (D) PURSUANT TO 5 C.F.R. 2423.30 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., NOVEMBER 12, 1980
 
                       RONALD W. HAUGHTON, CHAIRMAN
                       HENRY B. FRAZIER III, MEMBER
                       LEON B. APPLEWHAITE, MEMBER
                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
                                 APPENDIX
 
         NOTICE TO ALL MEMBERS 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 THAT:
 
    WE WILL NOT DENY MEMBERSHIP TO G. IRENE MCDONALD IN AMERICAN
 FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2000, FOR ANY REASON
 OTHER THAN FAILURE TO MEET REASONABLE OCCUPATIONAL STANDARDS UNIFORMLY
 REQUIRED FOR ADMISSION, OR FAILURE TO TENDER DUES UNIFORMLY REQUIRED AS
 A CONDITION OF ACQUIRING AND RETAINING MEMBERSHIP.
 
    WE WILL NOT DENY MEMBERSHIP TO G. IRENE MCDONALD, OR REQUIRE HER TO
 REAPPLY FOR MEMBERSHIP BECAUSE OF DUES ARREARAGES WHILE NOT RAISING
 SIMILAR KNOWN DEFICIENCIES ON THE PART OF CERTAIN OTHER OF OUR MEMBERS.
 
    WE WILL NOT THREATEN G. IRENE MCDONALD WITH UNSPECIFIED CHARGES
 BECAUSE SHE SEEKS TO PAY DUES AND RETAIN MEMBERSHIP IN AMERICAN
 FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2000.
 
    WE WILL NOT IN ANY LIKE OR RELATED MANNER, INTERFERE WITH, RESTRAIN,
 OR COERCE EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY THE
 FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE.
 
    WE WILL RESTORE SALLIE J. WHITAKER TO MEMBERSHIP IN AMERICAN
 FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2000, THROUGH THE
 DATE OF HER DEATH, AND, UPON REQUEST, RESTORE G. IRENE MCDONALD TO
 MEMBERSHIP IN AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO,
 LOCAL 2000, AND MAKE THEM WHOLE, CONSISTENT WITH APPLICABLE LAWS AND
 REGULATIONS, FOR ANY LOSS OF BENEFITS THEY MAY HAVE SUFFERED BY REASON
 OF OUR DENIAL OF MEMBERSHIP.
 
                           (LABOR ORGANIZATION)
 
    DATED:  . . .  BY:  . . .
 
                                (SIGNATURE)
 
    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
 MATERIAL.
 
    IF MEMBERS HAVE ANY QUESTIONS CONCERNING THIS NOTICE OR COMPLIANCE
 WITH ANY OF ITS PROVISIONS, THEY MAY COMMUNICATE DIRECTLY WITH THE
 REGIONAL DIRECTOR, FEDERAL LABOR RELATIONS AUTHORITY, WHOSE ADDRESS IS:
 BRYAN AND ERVAY STREETS, ROOM 450, DOWNTOWN POST OFFICE STATION, P.O.
 BOX 2640, DALLAS, TEXAS 75221, AND WHOSE TELEPHONE NUMBER IS (214)
 767-4996.
 
 
 
 
 
 
 
 
 
 
 
 
 -------------------- ALJ$ DECISION FOLLOWS --------------------
 
    STEVEN M. ANGEL, ESQUIRE
                          FOR THE GENERAL COUNSEL
 
    CARL W. HOLT
                            FOR THE RESPONDENT
 
    BEFORE:  GARVIN LEE OLIVER
                         ADMINISTRATIVE LAW JUDGE
 
                                 DECISION
 
                           STATEMENT OF THE CASE
 
    THESE CASES AROSE PURSUANT TO EXECUTIVE ORDER 11491, AS AMENDED, AND
 THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE, 92 STAT. 1191, 5
 U.S.C. 7101 ET SEQ. AS A RESULT OF A CONSOLIDATED UNFAIR LABOR PRACTICE
 COMPLAINT DATED AUGUST 30, 1979 FILED BY THE REGIONAL DIRECTOR, SIXTH
 REGION, FEDERAL LABOR RELATIONS AUTHORITY, DALLAS, TEXAS AGAINST THE
 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2000
 (RESPONDENT OR UNION).
 
    THE COMPLAINT ALLEGED, IN SUBSTANCE, THAT RESPONDENT VIOLATED SECTION
 19(C) OF EXECUTIVE ORDER 11491, AS AMENDED, BY DENYING MEMBERSHIP TO
 SALLIE WHITAKER (CHARGING PARTY) ON OR ABOUT NOVEMBER 13, 1978 FOR
 ARBITRARY, INVIDIOUS, AND DISCRIMINATORY REASONS AND BY EJECTING SAID
 EMPLOYEE FROM AN INTRA-UNION MEETING FOR SUCH REASONS.  THE COMPLAINT
 FURTHER ALLEGED THAT RESPONDENT VIOLATED 5 U.S.C. 7116(C) ON OR ABOUT
 FEBRUARY 6, 1979 BY DENYING MEMBERSHIP TO SALLIE WHITAKER AND G. IRENE
 MCDONALD (CHARGING PARTIES) FOR ARBITRARY, INVIDIOUS, AND DISCRIMINATORY
 REASONS AND BECAUSE SAID EMPLOYEES REFUSED TO COMPLY WITH DISCRIMINATORY
 REAPPLICATION PROCEDURES.  THE COMPLAINT ALSO ALLEGED THAT RESPONDENT
 VIOLATED 5 U.S.C. 7116(B)(1) BY LETTERS DATED FEBRUARY 6, 1979, FEBRUARY
 27, 1979, AND MARCH 1, 1979 THREATENING UNSPECIFIED REPRISALS AND
 CHARGES BECAUSE BARGAINING UNIT MEMBERS SOUGHT TO MAINTAIN MEMBERSHIP IN
 RESPONDENT UNION.
 
    RESPONDENT DENIED THE ALLEGATIONS.
 
    A HEARING SCHEDULED FOR NOVEMBER 13, 1979 WAS POSTPONED ON
 RESPONDENT'S REPRESENTATION THAT OPAL ADAMS, RESPONDENT'S PRESIDENT,
 REPRESENTATIVE, AND KEY WITNESS, WOULD BE PHYSICALLY UNABLE TO
 PARTICIPATE DUE TO ANTICIPATED ABDOMINAL SURGERY.  MRS. ADAMS HAD
 MEDICAL TESTS, BUT NO SURGERY.  THE HEARING WAS SUBSEQUENTLY RESCHEDULED
 FOR DECEMBER 18, 1979.  RESPONDENT'S MOTION TO POSTPONE THE DECEMBER 18,
 1979 HEARING ON THE GROUND THAT ITS NEWLY ASSIGNED REPRESENTATIVE, CARL
 HOLT, WOULD BE ON LEAVE WAS DENIED.  RESPONDENT FAILED TO APPEAR AT THE
 DECEMBER 18, 1979 HEARING BY A DULY AUTHORIZED REPRESENTATIVE, BUT SENT
 ONE OF THE VICE PRESIDENTS OF THE LOCAL WITH MEDICAL CERTIFICATES.
 RESPONDENT REQUESTED A POSTPONEMENT ON THE GROUND THAT OPAL ADAMS WAS
 PHYSICALLY UNABLE TO BE PRESENT.  THE GENERAL COUNSEL PRESENTED EVIDENCE
 WHICH INDICATED THAT ADAMS COULD HAVE APPEARED FOR THE HEARING.  THE
 GENERAL COUNSEL MOVED FOR DEFAULT JUDGMENT AND WAS PERMITTED TO PRESENT
 ITS CASE IN CHIEF.  ADDITIONAL EVIDENCE BEARING ON THE MOTION FOR
 DEFAULT JUDGMENT WAS TAKEN ON FEBRUARY 5, 1980.  RESPONDENT WAS ALSO
 ALLOWED TO PRESENT ITS CASE AT THAT TIME.  DECISION ON THE MOTION FOR
 DEFAULT JUDGMENT WAS RESERVED.
 
    DEFAULT JUDGMENT IS AVAILABLE TO THE GENERAL COUNSEL AND MAY BE
 APPROPRIATE IN CERTAIN CIRCUMSTANCES.  INDEED, THE OVERALL CIRCUMSTANCES
 SURROUNDING THE ABILITY OF RESPONDENT'S PRESIDENT, OPAL ADAMS, TO APPEAR
 AND PARTICIPATE IN THE DECEMBER 18, 1979 HEARING ARE HIGHLY SUSPICIOUS
 IN VIEW OF HER ACTIONS BOTH BEFORE AND AFTER THE DECEMBER 18, 1979
 HEARING.  HOWEVER, THE MOTION FOR DEFAULT JUDGMENT IS DENIED, PRIMARILY
 BECAUSE THE RECORD REFLECTS THAT ADAMS DID RECEIVE SOME MEDICAL AND
 EMERGENCY DENTAL TREATMENT ON DECEMBER 18, 1979 AND, THUS, MAY HAVE BEEN
 HANDICAPPED HAD SHE BEEN REQUIRED TO PROCEED ON THAT DATE.  IT IS FELT
 THAT THE SPECIAL PROCEDURES FOLLOWED AT THE DECEMBER 18, 1979 AND
 FEBRUARY 5, 1980 HEARING BEST ACCOMMODATED THE INTERESTS OF BOTH PARTIES
 IN THIS PARTICULAR INSTANCE.
 
    BASED ON THE ENTIRE RECORD HEREIN, INCLUDING MY OBSERVATION OF THE
 WITNESSES AND THEIR DEMEANOR, THE EXHIBITS AND OTHER RELEVANT EVIDENCE
 ADDUCED AT THE HEARING, /1/ AND THE BRIEFS, /2/ I MAKE THE FOLLOWING
 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDATIONS.  A
 SUBSTANTIAL PORTION OF THE GENERAL COUNSEL'S PROPOSED FINDINGS AND
 CONCLUSIONS HAVE BEEN ADOPTED.  ANY PROPOSED FINDING AND CONCLUSION
 WHICH IS INCONSISTENT WITH THE FOLLOWING HAS BEEN CAREFULLY CONSIDERED
 AND IS HEREBY DENIED.
 
                             FINDINGS OF FACT
 
    IN LATE 1977, LOCAL 2545 WAS MERGED WITH LOCAL 2000.  OPAL ADAMS WAS
 ELECTED PRESIDENT OF THE MERGED UNION.  THIS MERGER AND SUBSEQUENT
 ELECTION OF OPAL ADAMS DREW CONSIDERABLE OPPOSITION FROM THE MEMBERSHIP
 BECAUSE, INTER ALIA, AS A RESULT OF THE MERGER, ADAMS WAS PERMITTED TO
 DRAW THE EQUIVALENT OF A GS-11 SALARY.  BEFORE THE MERGER THE PRESIDENCY
 HAD NOT BEEN A PAID FULL TIME POSITION.  (TR. 39-42, 76).
 
    ONE OF THE CHARGING PARTIES HEREIN, SALLIE WHITAKER, FILED A PROTEST
 OVER ADAMS' ELECTION, FIRST WITH THE INTERNAL UNION ELECTION COMMITTEE
 AND LATER WITH THE DEPARTMENT OF LABOR.  (TR. 40-41).  IN ADDITION, IN
 MARCH 1978, MS. WHITAKER AND MS. IRENE MCDONALD, THE OTHER CHARGING
 PARTY HEREIN, ALONG WITH 80 TO 90 OTHER EMPLOYEES, ENGAGED IN A TYPE OF
 PROTEST BY REVOKING THEIR DUES DEDUCTION AUTHORIZATIONS.  (TR. 41-42).
 WHEN MS. ADAMS LEARNED THAT THE 80 TO 90 EMPLOYEES HAD REVOKED THEIR
 DUES AUTHORIZATIONS, SHE ORDERED THAT THEIR MEMBERSHIPS IN THE UNION BE
 DROPPED IMMEDIATELY.  (TR. 67-68, 85-86).
 
    THERE WAS, AND IS, NO REQUIREMENT WITHIN THE UNION THAT MEMBERS
 EXECUTE DUES DEDUCTIONS IN ORDER TO RETAIN MEMBERSHIP.  RATHER, THE
 UNION PERMITS MEMBERS TO PAY DUES DIRECTLY TO THE SECRETARY-TREASURER.
 (TR. 67, 86).  DIRECT PAY MEMBERS ARE BILLED AT INTERVALS DURING THE
 YEAR.  (TR. 86, 293).  THE UNION'S LOCAL OFFICER'S MANUAL AND
 CONSTITUTION REQUIRES THAT DUES, INCLUDING INSURANCE PREMIUMS, MUST BE
 PAID IN ADVANCE.  THE CONSTITUTION STATES THAT, "MEMBERS MAY BE DROPPED
 IF DUES ARE NOT PAID BY TUESDAY OF THE LAST FULL WORK WEEK OF THE
 MONTH." (GENERAL COUNSEL'S EX. 3, P. 3;  TR. 232).
 
    SHORTLY AFTER REVOKING HER DUES DEDUCTION AUTHORIZATION, IRENE
 MCDONALD ADVISED WILDER M. "SUE" MIXON, UNION SECRETARY-TREASURER, THAT
 ALTHOUGH SHE HAD DISCONTINUED HER DUES DEDUCTION, SHE DID NOT INTEND TO
 DROP UNION MEMBERSHIP, AND WOULD PAY UNION DUES DIRECTLY BY CHECK UPON
 BEING ADVISED OF THE AMOUNT OWED.  AS A RESULT, MIXON ARRANGED TO HAVE
 THE MEMBERSHIP ROLLS SHOW MCDONALD AS "DROPPED IN ERROR." (TR. 42,
 86-87).  THEREAFTER, IRENE MCDONALD MADE DIRECT PAYMENTS OF DUES ON
 APRIL 26, JUNE 10, AUGUST 25, NOVEMBER 10, DECEMBER 1, 1978, AND JANUARY
 1, 1979.  (GENERAL COUNSEL EX. 14).  SHE RECEIVED A BILL IN AUGUST 1978
 FOR AMOUNTS DUE THROUGH DECEMBER 1978 AND WAS ADVISED TO "SEND AS YOU
 CAN." (GENERAL COUNSEL'S EX. 5).  THE RECORD REFLECTS THAT MCDONALD DID
 NOT ALWAYS PAY DUES IN ADVANCE, BUT SHE WAS IN ARREARS ONLY FOR LESS
 THAN ONE MONTH.
 
    WHEN MS. ADAMS WAS INFORMED THAT SALLIE WHITAKER HAD NOT PAID DUES,
 ADAMS INSTRUCTED MIXON THAT IF WHITAKER WISHED TO BE A MEMBER, SHE WOULD
 HAVE TO REAPPLY.  (TR.  88).  REAPPLICATION WOULD REQUIRE A VOTE BY THE
 MEMBERSHIP.  (GENERAL COUNSEL'S EX. 3, P. 2).  HOWEVER, WHEN WHITAKER
 SENT MIXON A CHECK FOR DUES AND ADVISED MIXON THAT SHE HAD NOT INTENDED
 TO DROP MEMBERSHIP, MIXON ACCEPTED WHITAKER'S CHECK.  MIXON DEPOSITED
 THE CHECKS IN RESPONDENT'S ACCOUNT, AND ARRANGED FOR THE MEMBERSHIP
 ROLLS TO SHOW THAT WHITAKER WAS ALSO "DROPPED IN ERROR." (TR. 88-89).
 WHITAKER DID NOT RECEIVE A BILL FOR AMOUNTS DUE UNTIL EARLY NOVEMBER
 1978.  SHE MADE DIRECT DUES PAYMENTS ON JUNE 5, NOVEMBER 10, AND
 DECEMBER 19, 1978.  (GENERAL COUNSEL'S EX. 11, ATTACHMENT 1, AND 14).
 THE RECORD REFLECTS THAT WHITAKER ALSO DID NOT ALWAYS PAY DUES IN
 ADVANCE AND WAS IN ARREARS AT TIMES FOR UP TO TWO MONTHS.
 
    ON NOVEMBER 13, 1978, A UNION MEETING WAS HELD IN ORDER TO NOMINATE
 UNION OFFICERS.  (TR. 49).  UNION PRESIDENT ADAMS ARRANGED WITH GEORGIE
 LUCAS, THE CHIEF STEWARD, FOR LUCAS TO CHALLENGE THE PRESENCE OF SALLIE
 WHITAKER ON THE BASIS THAT WHITAKER WAS NOT A MEMBER IN GOOD STANDING.
 (TR. 77-78).  AS SOON AS THE MEETING WAS CALLED TO ORDER, LUCAS AROSE
 AND CHALLENGED WHITAKER'S RIGHT TO BE PRESENT AT THE MEETING.  (TR.
 49-50, 94).  THEREAFTER, DESPITE THE STATEMENT BY THE
 SECRETARY-TREASURER, MIXON, THAT WHITAKER WAS A MEMBER IN GOOD STANDING,
 WHITAKER WAS EJECTED FROM THE MEETING.  (TR. 50, 78, 93-94).  WHEN IRENE
 MCDONALD PROTESTED THE ACTION TAKEN AGAINST WHITAKER, SHE WAS EJECTED AS
 WELL (TR. 50, 93-94).
 
    WHITAKER SUBSEQUENTLY FILED PROTESTS WITH THE INTERNAL UNION OFFICERS
 PROTESTING THE EJECTION FROM THE MEETING.  (GENERAL COUNSEL'S EXHIBITS
 6, 11(B) ATTACHMENT 8).  ADAMS RESPONDED BY LETTER DATED DECEMBER 1,
 1978, STATING THAT WHITAKER HAD BEEN REMOVED FROM THE MEETING BECAUSE
 SHE HAD BEEN DROPPED FROM MEMBERSHIP, AND MCDONALD HAD BEEN REMOVED
 BECAUSE SHE BECAME UNRULY.  (GENERAL COUNSEL'S EXHIBIT 7).
 
    MS. WHITAKER AND MS. MCDONALD REINSTITUTED THEIR DUES DEDUCTION
 AUTHORIZATIONS IN DECEMBER 1978.  (TR. 88).  SUBSEQUENTLY, BY LETTER
 DATED FEBRUARY 6, 1979, ADAMS SENT LETTERS TO MCDONALD AND WHITAKER
 NOTIFYING THEM THAT THEY WERE NOT MEMBERS OF THE UNION.  THE LETTER
 STATED THAT WHITAKER HAD NOT BEEN A MEMBER IN GOOD STANDING SINCE MARCH
 12, 1978 AND MCDONALD HAD NOT BEEN A MEMBER IN GOOD STANDING SINCE JULY
 14, 1978.  THE LETTER NOTED THAT WHITAKER AND MCDONALD HAD REEXECUTED
 DUES DEDUCTIONS AND CHARACTERIZED THIS AS AN "ILLEGAL MEANS OF CAUSING
 LOCALLY UNAPPROVED MONIES TO BE PLACED IN THE LOCAL UNION TREASURY." THE
 LETTER STATED THAT IF THEY WANTED TO BE MEMBERS IN GOOD STANDING, THEY
 WOULD HAVE TO REAPPLY AND BE VOTED IN BY THE FULL MEMBERSHIP.  ADAMS
 ALSO STATED, IN PART:
 
    IF EITHER OR BOTH OF YOU PERSIST IN YOUR COMPLAINTS AND PROTESTS
 AGAINST THE LOCAL UNION,
 
    APPROPRIATE CHARGES WILL BE BROUGHT AGAINST YOU, YOUR SUPERVISORS,
 AND THE AGENCY FOR ALLOWING
 
    THE TWO OF YOU TO VIOLATE THE AGREEMENT, THE PRESIDENTIAL EXECUTIVE
 ORDER 11491, AS AMENDED,
 
    AND THE CIVIL SERVICE REFORM ACT OF 1978.
 
   *          *          *          *
 
 
    I AM HEREWITH FORWARDING COPIES OF THIS LETTER TO AFGE 10TH DISTRICT
 NVP GLEN PETERSON AND
 
    AFGE NATIONAL PRESIDENT KENNETH BLAYLOCK WHOM YOU HAVE BROUGHT INTO
 YOUR SPURIOUS AND
 
    UNMERITED COMPLAINTS AND PROTESTS AGAINST THE LOCAL UNION.  AFGE
 LOCAL 2000 WILL NO LONGER
 
    TOLERATE YOUR INTERFERENCE IN INTERNAL UNION AFFAIRS OF THE LOCAL.
 
   *          *          *          *
 
 
    YOU ARE FURTHER INSTRUCTED TO CORRECTLY APPLY FOR MEMBERSHIP IF
 
    THAT IS STILL YOUR DESIRE.  AT THAT TIME, THE LOCAL MEMBERS WILL
 DECIDE WHETHER YOU MEET
 
    MEMBERSHIP REQUIREMENTS AND IF CHARGES SHOULD BE BROUGHT AGAINST YOU
 FOR SAID ILLEGAL
 
    TRANSACTIONS.  (GENERAL COUNSEL'S EXH. 8).
 
    BY LETTERS DATED FEBRUARY 1, 1979, AND MARCH 1, 1979, ADAMS NOTIFIED
 BARKSDALE AIR FORCE BASE THAT WHITAKER AND MCDONALD, RESPECTIVELY, WERE
 NOT MEMBERS AND SHOULD NOT BE ON DUES DEDUCTION.  (GENERAL COUNSEL'S
 EXH. 9, 11(B) ATTACHMENT 3).  BY LETTER DATED FEBRUARY 27, 1979, ADAMS
 RETURNED TO WHITAKER MONIES WHICH HAD BEEN DEDUCTED SINCE DECEMBER 1978.
  IN THE COVER LETTER, ADAMS AGAIN MADE REFERENCE TO A REAPPLICATION
 PROCEDURE IN ORDER FOR WHITAKER TO BECOME A MEMBER IN GOOD STANDING.  IN
 ADDITION, SHE STATED:
 
    OTHERWISE, IF YOU CONTINUE YOUR ATTEMPTS AT ILLEGAL MONETARY
 TRANSACTIONS IN YOUR EFFORTS
 
    TO SECURE MEMBERSHIP BY PLACING UNAPPROVED MONIES IN THE LOCAL 2000
 TREASURY, I SHALL BE
 
    FORCED TO PLACE THIS MATTER IN THE HANDS OF APPROPRIATE FEDERAL
 AUTHORITIES.  MS. WHITAKER,
 
    YOU ARE NO EXCEPTION TO THE LAWS OF THE LAND AND YOU MUST ABIDE BY
 THE LAWS AS IS REQUIRED
 
    EVERY CITIZEN OF THE UNITED STATES OF AMERICA.  FURTHER, IF YOU
 CONTINUE YOUR HARASSMENT OF
 
    AFGE LOCAL 2000 ELECTED OFFICIALS (REMEMBER THAT YOU ARE NOT A MEMBER
 IN GOOD STANDING), I
 
    SHALL FILE CHARGES AGAINST YOU WITH THE AF AGENCY TO ORDER YOU TO
 CEASE AND DESIST YOUR
 
    CONTINUED DEFAMATION OF LOCAL UNION OFFICIALS.  (GENERAL COUNSEL'S
 EX. 11(B), ATTACHMENT 7).
 
    MCDONALD WAS SENT A SIMILAR LETTER ON MARCH 1, 1979 WHICH INCLUDED
 THE FOLLOWING LANGUAGE:
 
    AFTER THAT, IF YOU ATTEMPT TO REINSTATE DUES DEDUCTIONS ON YOUR PART
 WITHOUT BENEFIT OF
 
    APPROVED MEMBERSHIP, APPROPRIATE ACTION WILL BE TAKEN WITH REGARD TO
 THIS MATTER.
 
    MS. MCDONALD, IT IS BEYOND MY COMPREHENSION WHY YOU PERSIST IN YOUR
 ATTEMPTS TO ENTER THE
 
    LOCAL WITHOUT BENEFIT OF FOLLOWING REQUIREMENTS FOR MEMBERSHIP, AND
 THE LOCAL MEMBERSHIP IS
 
    ALSO INTERESTED IN KNOWING WHY.  SHOULD YOU DECIDE TO REAPPLY THE
 MEMBERSHIP WILL ASK FOR
 
    JUSTIFICATION OF YOUR ACTIONS.  (GENERAL COUNSEL'S EX. 10).
 
    THE RECORD IS REPLETE WITH TESTIMONY THAT NO REAPPLICATION PROCEDURE
 WAS NECESSARY FOR MEMBERS WITH DUES IN ARREARS.  (TR. 43, 53, 66-67, 74,
 92).  THE SECRETARY-TREASURER COLLECTED PAST DUES, DEPOSITED THEM, AND
 NOTHING WAS SAID ABOUT ANY EFFECT ON MEMBERSHIP.  (TR. 43).  RESPONDENT
 WAS UNABLE TO PRESENT A SINGLE INSTANCE WHERE SUCH MEMBERS WERE REQUIRED
 TO REAPPLY.  (TR. 285;  292-293).  RATHER, THE EXAMPLES RAISED OF
 REAPPLICATION WERE OF INDIVIDUALS FROM OTHER UNIONS AND INDIVIDUALS WHO
 HAD BEEN SEPARATED FROM EMPLOYMENT.  (TR. 169-171).
 
    DESPITE PROVISIONS IN RESPONDENT'S LOCAL OFFICER'S MANUAL AND
 CONSTITUTION REQUIRING THAT DUES, INCLUDING INSURANCE PREMIUMS, MUST BE
 PAID IN ADVANCE AND, "MEMBERS MAY BE DROPPED IF DUES ARE NOT PAID BY
 TUESDAY OF THE LAST FULL WORK WEEK OF THE MONTH," (GENERAL COUNSEL'S EX.
 3, P. 3;  TR. 232), THE RECORD IS CLEAR THAT IN THE CASE OF DIRECT DUES
 PAYING MEMBERS, ARREARAGES WERE ALLOWED.  THE UNION TREASURER, SUE
 MIXON, TESTIFIED THAT DIRECT DUES PAYING MEMBERS WERE PERIODICALLY
 BILLED.  (TR. 86;  GENERAL COUNSEL'S EX. 5).  THESE BILLS AND PAYMENTS
 SOMETIMES INCLUDED PAST DUE AMOUNTS.  (GENERAL COUNSEL'S EX. 5, 14;  TR.
 92, 166).  MIKE KENNINGTON, FORMER UNION VICE PRESIDENT AND STEWARD,
 TESTIFIED THAT THE ISSUE OF PAST ARREARAGES ONLY AROSE AT ELECTION TIME
 AS A VEHICLE FOR ADAMS TO CONSOLIDATE HER SUPPORT.  (TR. 64-65).
 INDIVIDUALS SUPPORTIVE OF MS. ADAMS WERE REMINDED TO PAY DUES SO THAT
 THEY COULD VOTE IN THE ELECTION;  OTHER INDIVIDUALS WERE NOT REMINDED.
 (TR. 64-66).  OF PARTICULAR NOTE IN THIS REGARD IS LOUIS F.  HERZBERG.
 THE MINUTES OF THE UNION MEETING OF NOVEMBER 13, 1978, INDICATE THAT
 HERZBERG WAS NOMINATED AS 5TH VICE PRESIDENT OF THE OVERALL BARKSDALE
 UNIT AND VICE PRESIDENT OF THE BARKSDALE PROFESSIONAL UNIT.  (GENERAL
 COUNSEL'S EX. 13).  THE UNION'S LEDGER ENTRY FOR DECEMBER 20, 1978
 REFLECTS THAT ON THE DAY OF THE MEETING HERZBERG PAID $31.50 IN DUES AND
 AN ADDITIONAL $27.75 ON NOVEMBER 14, 1978 (GENERAL COUNSEL'S EX. 14).
 DUES WERE $6.50 PER MONTH PRIOR TO JUNE 1, 1978, AND $4.50 PER PAY
 PERIOD THEREAFTER, OR $9.75 PER MONTH.  (GENERAL COUNSEL'S EX. 5;  TR.
 247).  THE EARLIEST PRIOR PAYMENT RECORDED FOR HERZBERG WAS A $27.00
 DUES PAYMENT ON MAY 8, 1978.  THUS, IT APPEARS THAT EVEN IF HERZBERG
 PAID DUES IN ADVANCE, HE WAS IN ARREARS AS OF THE NOVEMBER 13, 1978
 MEETING.  (GENERAL COUNSEL'S EX. 14).  THE RECORD ALSO REFLECTS THAT
 OPAL ADAMS WAS ALSO IN ARREARS AT THE TIME OF THE NOVEMBER 13, 1978
 MEETING.  (TR. 94-95, 306-307;  GENERAL COUNSEL'S EX.  14).  IN THIS
 REGARD, ADAMS' FAILURE TO SUBMIT CHECKS ALLEGEDLY SHOWING PAYMENT AS
 PROMISED AT HEARING, MUST BE TAKEN AS AN ADMISSION OF CULPABILITY.  (SEE
 FN. 1).  FINALLY, RESPONDENT'S OWN WITNESS, SAM GATLIN, TESTIFIED THAT
 MEMBERS ARE CARRIED IN ARREARS FOR THREE MONTHS BEFORE THEY ARE DROPPED.
  (TR. 213).
 
    SALLIE J. WHITAKER DIED IN FEBRUARY 1980.  (GENERAL COUNSEL'S BRIEF,
 P. 11 FN. 4;  RESPONDENT'S BRIEF AND SERVICE SHEET DATED MARCH 12,
 1980).
 
                        DISCUSSION AND CONCLUSIONS
 
    IN MAKING THE FOREGOING FINDINGS, I GAVE GREATER WEIGHT TO THE
 TESTIMONY OF THE GENERAL COUNSEL'S WITNESSES, WHO INCLUDED SEVERAL KEY
 OFFICERS OF THE RESPONDENT DURING THE PERTINENT PERIOD, THAN TO THE
 WITNESSES OF RESPONDENT.  I FOUND THE TESTIMONY OF RESPONDENT'S
 PRESIDENT OPAL ADAMS TO CONTAIN A LARGE NUMBER OF INCONSISTENCIES AND
 CONTRADICTIONS.  THE TESTIMONY OF RESPONDENT'S WITNESSES, ROBERT G.
 YAGEL, SAMUEL GATLIN, AND MILTON WEEKS CONCERNING STATEMENTS MADE AT THE
 NOVEMBER 13, 1978 MEETING, WAS CONTRADICTED BOTH BY THE MINUTES OF THE
 MEETING AND BY SEVERAL WITNESSES OF THE GENERAL COUNSEL WHO PLAYED MORE
 ACTIVE ROLES IN THE MEETING.
 
    SECTION 19(C) OF EXECUTIVE ORDER 11491, AS AMENDED, AND SECTION
 7116(C) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE, 5
 U.S.C. 7116(C), /3/ CONTAIN SIMILAR LANGUAGE MAKING IT AN UNFAIR LABOR
 PRACTICE FOR AN EXCLUSIVE REPRESENTATIVE TO DENY MEMBERSHIP TO ANY
 EMPLOYEE IN THE APPROPRIATE UNIT EXCEPT FOR FAILURE (1) TO MEET
 REASONABLE OCCUPATIONAL STANDARDS UNIFORMLY REQUIRED FOR ADMISSION, OR
 (2) TO TENDER DUES UNIFORMLY REQUIRED AS A CONDITION OF ACQUIRING AND
 RETAINING MEMBERSHIP.
 
    RESPONDENT CONTENDS IN ESSENCE THAT MS. WHITAKER AND MS. MCDONALD
 VOLUNTARILY CEASED THEIR MEMBERSHIP IN MARCH 1978, BUT THAT EVEN IF THEY
 DID NOT VOLUNTARILY DROP MEMBERSHIP, THEY THEREAFTER FAILED TO PAY
 MONTHLY DUES IN ADVANCE AS UNIFORMLY REQUIRED FOR RETAINING MEMBERSHIP,
 AND WERE DROPPED FROM MEMBERSHIP FOR THIS REASON.  RESPONDENT ALSO
 CONTENDS THAT IF SOME MISTAKE WAS MADE IN COLLECTING DUES AND KEEPING
 THEM ON THE MEMBERSHIP ROLLS WITHOUT A REAPPLICATION, IT WAS THE FAULT
 OF THE THEN SECRETARY-TREASURER, MS. MIXON, WITH WHOM THEY ALLEGEDLY
 CONSPIRED IN AN EFFORT TO RETAIN MEMBERSHIP.
 
    AS NOTED, I DO NOT CREDIT THE TESTIMONY OF MS. ADAMS THAT MS.
 WHITAKER AND MS. MCDONALD EXPRESSLY ADVISED MS. ADAMS IN MARCH 1978 THAT
 THEY WERE DROPPING MEMBERSHIP.  THE RECORD IS ALSO CLEAR THAT PROVISIONS
 IN THE UNION'S CONSTITUTION AND OFFICER'S MANUAL PROVIDING FOR ADVANCE
 PAYMENT OF DUES WAS NOT UNIFORMLY ENFORCED AS A CONDITION OF RETAINING
 MEMBERSHIP.  RESPONDENT'S BLAME ANY LACK OF ENFORCEMENT ON THE THEN
 SECRETARY-TREASURER.  HOWEVER, IT IS CLEAR THAT, TO THE EXTENT THE
 SECRETARY-TREASURER ACCEPTED LATE PAYMENT OF DUES FROM MS. WHITAKER AND
 MS. MCDONALD, SHE WAS ACTING IN A MANNER FULLY CONSISTENT WITH THE PAST
 PRACTICE OF THE UNION.
 
    THEREFORE, IT IS CONCLUDED, AS URGED BY THE GENERAL COUNSEL, THAT
 RESPONDENT VIOLATED SECTION 19(C) OF EXECUTIVE ORDER 11491, AS AMENDED,
 ON NOVEMBER 13, 1978 BY EJECTING SALLIE WHITAKER FROM A UNION MEETING ON
 THAT DATE.  SUCH ACTION EFFECTIVELY DENIED HER MEMBERSHIP IN THAT SHE
 WAS DEPRIVED OF THE BENEFITS OF MEMBERSHIP, INCLUDING ATTENDANCE AND
 PARTICIPATION IN THE MEETING AND POSSIBLE NOMINATION AND ELECTION TO
 UNION OFFICE.  THERE IS NO EVIDENCE THAT WHITAKER'S EJECTION FROM THE
 MEETING WAS FOR DISCIPLINARY REASONS PERMISSIBLE UNDER THE ORDER.
 WHITAKER HAD NOT BEEN CHARGED WITH ANY ALLEGED MISCONDUCT, AND THERE IS
 NO EVIDENCE THAT THE EJECTION FROM THE MEETING WAS A DISCIPLINE IN
 ACCORDANCE WITH PROCEDURES UNDER THE RESPONDENT'S CONSTITUTION OR
 BYLAWS.  CF. AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1650,
 BEEVILLE, TEXAS AND AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 WASHINGTON, D.C., A/SLMR NO. 294, 3 A/SLMR 416(1973), 2 FLRC 233(1974).
 
    SIMILARLY, RESPONDENT'S FEBRUARY 6, 1979 LETTER TO WHITAKER AND
 MCDONALD ALSO VIOLATED 5 U.S.C. 7116(C).  IN THIS LETTER, RESPONDENT
 DENIED MEMBERSHIP TO BOTH WHITAKER AND MCDONALD BY ERRONEOUSLY STATING
 THAT THEY HAD NOT BEEN MEMBERS IN GOOD STANDING SINCE MARCH 1978 AND
 JULY 1978, RESPECTIVELY.  THE LETTER ALSO STATED THAT IF THEY WANTED TO
 BECOME MEMBERS THEY WOULD HAVE TO REAPPLY AND BE VOTED ON BY THE
 MEMBERSHIP.  THE RECORD DEMONSTRATES THAT NO SUCH REAPPLICATION
 PROCEDURE WAS UNIFORMLY REQUIRED OF DIRECT DUES PAYING MEMBERS WITH DUES
 IN ARREARS.  THE RECORD REFLECTS THAT THIS BARRIER TO MEMBERSHIP, AS
 WELL AS THE ALLEGED DUES DELINQUENCY, WAS ERECTED ONLY BECAUSE OF THE
 OPPOSITION OF WHITAKER AND MCDONALD TO ADAMS.
 
    THE FEBRUARY 6, 1979 LETTER FURTHER STATES THAT IN CONSIDERING SUCH
 REAPPLICATION, "THE LOCAL MEMBERS WILL DECIDE WHETHER YOU MEET
 MEMBERSHIP REQUIREMENTS AND IF CHARGES SHOULD BE BROUGHT AGAINST YOU FOR
 SAID ILLEGAL TRANSACTIONS (RE-EXECUTING DUES DEDUCTIONS)." EVEN ASSUMING
 THE VALIDITY OF THE REAPPLICATION PROCEDURE, THIS DUAL REQUIREMENT
 VIOLATES SECTION 7116(C).  THE CONSIDERATION OF DISCIPLINE WOULD NOT BE
 A PROPER PART OF THE MEMBERSHIP APPLICATION OR GROUNDS FOR DENIAL OF
 MEMBERSHIP.  /4/
 
    THE GENERAL COUNSEL ALSO CONTENDS THAT RESPONDENT VIOLATED 5 U.S.C.
 7116(B)(1) BY THREATENING EMPLOYEES BECAUSE THEY SOUGHT TO MAINTAIN
 MEMBERSHIP IN THE UNION.
 
    THE RECORD REFLECTS THAT RESPONDENTS' FEBRUARY 6, 1979 LETTER TO BOTH
 WHITAKER AND MCDONALD STATES THAT BOTH INDIVIDUALS WOULD BE HELD "FULLY
 RESPONSIBLE" IF THEY CONTINUED TO ATTEMPT TO PAY DUES.  THE LETTER ALSO
 STATES THAT IF THE INDIVIDUALS SHOULD REAPPLY FOR MEMBERSHIP, THE LOCAL
 MEMBERS WILL DECIDE "IF CHARGES SHOULD BE BROUGHT AGAINST YOU FOR SAID
 ILLEGAL TRANSACTIONS." RESPONDENT'S LETTER TO SALLIE WHITAKER DATED
 FEBRUARY 27, 1979 STATES THAT IF WHITAKER CONTINUES TO ATTEMPT TO PAY
 HER DUES, THE MATTER WOULD BE PLACED BEFORE APPROPRIATE FEDERAL
 AUTHORITIES.  A SIMILAR LETTER TO IRENE MCDONALD DATED MARCH 1, 1979
 STATED THAT IF SHE ATTEMPTED TO REINSTATE DUES DEDUCTIONS "APPROPRIATE
 ACTION WILL BE TAKEN."
 
    SECTION 7116(B)(1) MAKES IT AN UNFAIR LABOR PRACTICE FOR A LABOR
 ORGANIZATION TO INTERFERE WITH, RESTRAIN, OR COERCE ANY EMPLOYEE IN THE
 EXERCISE BY THE EMPLOYEE OF ANY RIGHT UNDER THE STATUTE.  SECTION 7102
 INCLUDES THE RIGHT OF EACH EMPLOYEE TO JOIN OR ASSIST ANY LABOR
 ORGANIZATION FREELY AND WITHOUT FEAR OF PENALTY OR REPRISAL.  IT IS
 CONCLUDED THAT RESPONDENT'S LETTERS OF FEBRUARY 6, FEBRUARY 27, AND
 MARCH 1, 1979, BY THREATENING WHITAKER AND/OR MCDONALD WITH UNSPECIFIED
 CHARGES IF THEY ATTEMPTED TO PAY DUES AND RETAIN MEMBERSHIP OR REAPPLY
 FOR MEMBERSHIP, DID, UNDER THE CIRCUMSTANCES, VIOLATE SECTION 7116(B)(1)
 BY INTERFERING WITH THEIR RIGHT TO JOIN AND ASSIST A LABOR ORGANIZATION.
 
    HAVING FOUND AND CONCLUDED THAT RESPONDENT HAS VIOLATED SECTION 19(C)
 OF EXECUTIVE ORDER 11491, AS AMENDED, AND 5 U.S.C. 7116(B)(1) AND
 7116(C), I RECOMMEND THAT THE AUTHORITY ISSUE THE FOLLOWING ORDER, WHICH
 TAKES INTO CONSIDERATION THE FACT THAT WHITAKER IS NOW DECEASED:
 
                                   ORDER
 
    PURSUANT TO 5 U.S.C. SECTION 7118(A)(7)(A) AND SECTION 3135 AND 5
 C.F.R. SECTION 2423.29(B)(1), THE AUTHORITY HEREBY ORDERS THAT THE
 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO LOCAL 2000 SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) DENYING MEMBERSHIP TO G. IRENE MCDONALD IN AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2000, FOR ANY REASON OTHER THAN HER
 FAILURE TO MEET REASONABLE OCCUPATIONAL STANDARDS UNIFORMLY REQUIRED FOR
 ADMISSION, OR HER FAILURE TO TENDER DUES UNIFORMLY REQUIRED AS A
 CONDITION OF ACQUIRING AND RETAINING MEMBERSHIP.
 
    (B) DENYING MEMBERSHIP TO G. IRENE MCDONALD, OR REQUIRING G. IRENE
 MCDONALD TO REAPPLY FOR MEMBERSHIP BECAUSE OF DUES ARREARAGES WHILE NOT
 RAISING SIMILAR KNOWN DEFICIENCIES ON THE PART OF CERTAIN OTHER OF
 RESPONDENT'S MEMBERS.
 
    (C) THREATENING G. IRENE MCDONALD WITH UNSPECIFIED CHARGES BECAUSE
 SHE SOUGHT TO PAY DUES AND RETAIN MEMBERSHIP IN AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2000.
 
    (D) IN ANY LIKE OR RELATED MANNER, INTERFERING WITH, RESTRAINING, OR
 COERCING EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY THE
 FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE.
 
    2.  TAKE THE FOLLOWING AFFIRMATIVE ACTION IN ORDER TO CARRY OUT THE
 PURPOSES AND POLICIES OF EXECUTIVE ORDER 11491, AS AMENDED, AND THE
 FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE:
 
    (A) RESTORE SALLIE J. WHITAKER TO FULL MEMBERSHIP IN AMERICAN
 FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2000, THROUGH THE
 DATE OF HER DEATH, AND, UPON REQUEST, RESTORE G. IRENE MCDONALD TO FULL
 MEMBERSHIP IN AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO,
 LOCAL 2000.  RESTORATIONS TO MEMBERSHIP SHALL BE WITHOUT THE PAYMENT OF
 BACK DUES, EXCEPT FOR THE PORTION OF THE DUES REGULARLY ALLOCABLE TO THE
 COST OF INSURANCE PREMIUMS, CONTRIBUTIONS, AND OTHER HEALTH AND WELFARE
 BENEFITS, ACCRUING TO MEMBERS TO THE EXTENT THEY CAN BE REINSTATED
 RETROACTIVELY.  TO THE EXTENT THAT BENEFITS CANNOT BE MADE EFFECTIVE
 RETROACTIVELY, THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO,
 LOCAL 2000, SHALL REIMBURSE G. IRENE MCDONALD AND THE ESTATE OF SALLIE
 J. WHITAKER FOR ANY EXPENSES OR LOSSES SUFFERED BECAUSE OF THE ABSENCE
 OF SUCH BENEFITS, WITH INTEREST THEREON AT 6 PERCENT PER ANNUM, LESS THE
 PORTION OF DUES WHICH WOULD HAVE BEEN ALLOCABLE TO THE PAYMENT OF
 PREMIUMS FOR, OR OTHER PURCHASE OF, SUCH BENEFITS.  /5/
 
    (B) POST AT THEIR RESPECTIVE BUSINESS OFFICES AND IN NORMAL MEETING
 PLACES, INCLUDING ALL PLACES WHERE NOTICES TO MEMBERS ARE CUSTOMARILY
 POSTED, COPIES OF THE ATTACHED NOTICE MARKED "APPENDIX" ON FORMS TO BE
 FURNISHED BY THE AUTHORITY.  UPON RECEIPT OF SUCH FORMS, THEY SHALL BE
 SIGNED BY A REPRESENTATIVE OF AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 2000, AND SHALL BE POSTED FOR 60 CONSECUTIVE
 DAYS, THEREAFTER, IN CONSPICUOUS PLACES, INCLUDING ALL PLACES WHERE
 NOTICES TO MEMBERS ARE CUSTOMARILY POSTED.  REASONABLE STEPS SHALL BE
 TAKEN TO INSURE THAT SUCH NOTICES ARE NOT ALTERED, DEFACED, OR COVERED
 BY ANY OTHER MATERIAL.
 
    (C) SUBMIT SIGNED COPIES OF SAID NOTICE TO EMPLOYERS FOR POSTING IN
 CONSPICUOUS PLACES WHERE UNIT EMPLOYEES ARE LOCATED, WHERE THEY SHALL BE
 MAINTAINED FOR A PERIOD OF 60 CONSECUTIVE DAYS FROM THE DATE OF POSTING.
 
    (D) PURSUANT TO 5 C.F.R. SECTION 2423.30 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
 
                         GARVIN LEE OLIVER
                         ADMINISTRATIVE LAW JUDGE
 
    DATED:  APRIL 29, 1980
    WASHINGTON, D.C.
 
 
 
 
                                 APPENDIX
 
           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 EMPLOYEES THAT:
 
    WE WILL NOT DENY MEMBERSHIP TO G. IRENE MCDONALD IN AMERICAN
 FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2000, FOR ANY REASON
 OTHER THAN FAILURE TO MEET REASONABLE OCCUPATIONAL STANDARDS UNIFORMLY
 REQUIRED FOR ADMISSION, OR FAILURE TO TENDER DUES UNIFORMLY REQUIRED AS
 A CONDITION OF ACQUIRING AND RETAINING MEMBERSHIP.
 
    WE WILL NOT DENY MEMBERSHIP TO G. IRENE MCDONALD OR REQUIRE HER TO
 REAPPLY FOR MEMBERSHIP, BECAUSE OF DUES ARREARAGES WHILE NOT RAISING
 SIMILAR KNOWN DEFICIENCIES ON THE PART OF CERTAIN OTHER OF OUR MEMBERS.
 
    WE WILL NOT THREATEN G. IRENE MCDONALD WITH UNSPECIFIED CHARGES
 BECAUSE SHE SEEKS TO PAY DUES AND RETAIN MEMBERSHIP IN AMERICAN
 FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2000.
 
    WE WILL NOT IN ANY LIKE OR RELATED MANNER, INTERFERE WITH, RESTRAIN,
 OR COERCE EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY THE
 FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE.
 
    WE WILL RESTATE SALLIE J. WHITAKER TO MEMBERSHIP IN AMERICAN
 FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2000, THROUGH THE
 DATE OF HER DEATH, AND, UPON REQUEST, WE WILL RESTORE G. IRENE MCDONALD
 TO MEMBERSHIP IN AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO,
 LOCAL 2000.  RESTORATIONS TO MEMBERSHIP SHALL BE WITHOUT THE PAYMENT OF
 BACK DUES, EXCEPT FOR THE PORTION OF THE DUES REGULARLY ALLOCABLE TO THE
 COST OF INSURANCE PREMIUMS, CONTRIBUTIONS, AND OTHER HEALTH AND WELFARE
 BENEFITS ACCRUING TO MEMBERS TO THE EXTENT THEY CAN BE REINSTATED
 RETROACTIVELY.  TO THE EXTENT THAT BENEFITS CANNOT BE MADE EFFECTIVE
 RETROACTIVELY, THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO,
 LOCAL 2000, WILL REIMBURSE G. IRENE MCDONALD AND THE ESTATE OF SALLIE J.
 WHITAKER FOR ANY EXPENSES OR LOSSES SUFFERED BECAUSE OF THE ABSENCE OF
 SUCH BENEFITS, WITH INTEREST THEREON AT 6 PERCENT PER ANNUM, LESS THE
 PORTION OF DUES WHICH WOULD HAVE BEEN ALLOCABLE TO THE PAYMENT OF
 PREMIUMS FOR, OR OTHER PURCHASE OF, SUCH BENEFITS.
 
                                  . . .
 
                     AMERICAN FEDERATION OF GOVERNMENT
 
                      EMPLOYEES, AFL-CIO, LOCAL 2000
 
    DATED:  . . .  BY:  . . .
 
                           (SIGNATURE AND TITLE)
 
    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
 MATERIAL.
 
    IF EMPLOYEES HAVE ANY QUESTIONS CONCERNING THIS NOTICE OF COMPLIANCE
 WITH ANY OF ITS PROVISIONS, THEY MAY COMMUNICATE DIRECTLY WITH THE
 REGIONAL DIRECTOR, FEDERAL LABOR RELATIONS AUTHORITY, WHOSE ADDRESS IS
 BRYAN & ERVAY STREET, OLD POST OFFICE BUILDING, ROOM 450, DALLAS, TEXAS
 75221.
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ THE RECORD WAS LEFT OPEN FOR 10 DAYS IN ORDER TO RECEIVE
 DOCUMENTS IDENTIFIED AS RESPONDENTS EXHIBIT 2, A LISTING OF CERTAIN
 MEMBERS, AND RESPONDENT'S EXHIBIT 3, MRS. ADAMS' CANCELLED CHECKS FOR
 DUES PAYMENTS.  (TR. 2790282, 298, 307, 319).  THESE EXHIBITS WERE NOT
 SUBMITTED IN ACCORDANCE WITH THE RULING, AND, ACCORDINGLY, ARE NOT PART
 OF THE RECORD.
 
    /2/ FOURTEEN DOCUMENTS WERE ATTACHED TO RESPONDENT'S BRIEF.  EXCEPT
 FOR ATTACHMENT 13, WHICH IS IDENTICAL TO RESPONDENT'S EXHIBIT 1, AND
 ATTACHMENT 14, WHICH IS IDENTICAL TO GENERAL COUNSEL'S EXHIBIT 2, THESE
 DOCUMENTS HAVE NOT BEEN CONSIDERED.  THEY WERE NOT OFFERED AT THE
 HEARING AND ARE OUTSIDE THE SCOPE OF THE AGREEMENT CONCERNING
 POST-HEARING SUBMISSIONS SET FORTH IN FOOTNOTE 1.  VARIOUS OTHER
 MATTERS, SOME OF THEM REFLECTING ADVERSELY ON THE GENERAL COUNSEL'S
 WITNESSES, RAISED FOR THE FIRST TIME IN RESPONDENT'S BRIEF, HAVE ALSO
 NOT BEEN CONSIDERED.
 
    /3/ SECTION 5 U.S.C. 7116(C) PROVIDES:
 
    (C) FOR THE PURPOSE OF THIS CHAPTER IT SHALL BE AN UNFAIR LABOR
 PRACTICE FOR AN EXCLUSIVE
 
    REPRESENTATIVE TO DENY MEMBERSHIP TO ANY EMPLOYEE IN THE APPROPRIATE
 UNIT REPRESENTED BY SUCH
 
    EXCLUSIVE REPRESENTATIVE EXCEPT FOR FAILURE--
 
    (1) TO MEET REASONABLE OCCUPATIONAL STANDARDS UNIFORMLY REQUIRED FOR
 ADMISSION, OR
 
    (2) TO TENDER DUES UNIFORMLY REQUIRED AS A CONDITION OF ACQUIRING AND
 RETAINING MEMBERSHIP.
 
    THIS SUBSECTION DOES NOT PRECLUDE ANY LABOR ORGANIZATION FROM
 ENFORCING DISCIPLINE IN
 
    ACCORDANCE WITH PROCEDURES UNDER ITS CONSTITUTION OR BYLAWS TO THE
 EXTENT CONSISTENT WITH THE
 
    PROVISIONS OF THIS CHAPTER.
 
    /4/ ONCE REINSTATED, THE MEMBER COULD BE SUBJECT TO DISCIPLINE,
 ENFORCED IN ACCORDANCE WITH THE PROCEDURES UNDER THE CONSTITUTION AND
 BYLAWS OF THE RESPONDENT WHICH CONFORM TO THE STATUTE, WITH RESPECT TO
 ANY IMPROPER CONDUCT ENGAGED IN DURING THE PERIOD OF PRIOR MEMBERSHIP.
 CF. AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1650, BEEVILLE,
 TEXAS AND AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, WASHINGTON, D.C.,
 A/SLMR NO. 294, 3 A/SLMR 416, FLRC NO. 73A-43, 2 FLRC 233(1974).
 
    /5/ CF. SHEET METAL WORKERS, LOCAL 418, 227 NLRB NO. 230, 94 LRRM
 1155(1977).