10:0245(46)CA - Air Force, Air Force Logistics Command, Ogden Logistics Center, Hill AFB, UT and AFGE Local 1592 and OPM -- 1982 FLRAdec CA



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10:0245(46)CA
The decision of the Authority follows:


 10 FLRA No. 46
 
 DEPARTMENT OF THE AIR FORCE
 AIR FORCE LOGISTICS COMMAND
 OGDEN LOGISTICS CENTER
 HILL AFB, UTAH
 Respondent
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 1592
 Charging Party
 
 and
 
 OFFICE OF PERSONNEL MANAGEMENT
 Intervenor
 
                                            Case No. 7-CA-426
 
                            DECISION AND ORDER
 
    THE ADMINISTRATIVE LAW JUDGE ISSUED HIS DECISION 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.  THEREAFTER, THE
 GENERAL COUNSEL FILED EXCEPTIONS TO THE JUDGE'S DECISION AND A BRIEF IN
 SUPPORT THEREOF.  /1/
 
    PURSUANT TO SECTION 2423.29 OF THE AUTHORITY'S RULES AND REGULATIONS
 AND SECTION 7118 OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
 STATUTE (THE STATUTE), THE AUTHORITY HAS REVIEWED THE RULINGS OF THE
 JUDGE MADE AT THE HEARING AND FINDS THAT NO PREJUDICIAL ERROR WAS
 COMMITTED.  THE RULINGS ARE HEREBY AFFIRMED.  UPON CONSIDERATION OF THE
 JUDGE'S DECISION AND THE ENTIRE RECORD IN THIS CASE, THE AUTHORITY
 HEREBY ADOPTS THE JUDGE'S FINDINGS, CONCLUSIONS AND RECOMMENDATION.  /2/
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE COMPLAINT IN CASE NO. 7-CA-426 BE, AND
 IT HEREBY IS, DISMISSED.
 
    ISSUED, WASHINGTON, D.C., SEPTEMBER 30, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
                       HENRY B. FRAZIER III, MEMBER
                       LEON B. APPLEWHAITE, MEMBER
                       FEDERAL LABOR RELATIONS AUTHORITY
 
   
 
 
 
 
 
 
 
 -------------------- ALJ$ DECISION FOLLOWS --------------------
 
    S. REED MURDOCK, ESQ.
                   FOR THE RESPONDENT
 
    JAMES R. ROSA, ESQ.
                   FOR THE CHARGING PARTY
 
    JAMES J. GONZALES, ESQ.
                   FOR THE GENERAL COUNSEL
 
    BEFORE:  JOHN H. FENTON
    CHIEF ADMINISTRATIVE LAW JUDGE
 
                                 DECISION
 
                           PRELIMINARY STATEMENT
 
    THIS IS A PROCEEDING UNDER THE FEDERAL SERVICE LABOR-MANAGEMENT
 RELATIONS STATUTE, 92 STAT. 1191, 5 U.S.C. 7101, ET SEQ.
 
    ON JULY 31, 1980, THE REGIONAL DIRECTOR FOR REGION VII, PURSUANT TO
 AN UNFAIR LABOR PRACTICE CHARGE FILED ON FEBRUARY 14, 1980, AND AN
 AMENDED CHARGE FILED FEBRUARY 14, 1980, BY THE CHARGING PARTY, ISSUED A
 COMPLAINT AND NOTICE OF HEARING ALLEGING THAT THE RESPONDENT HAS ENGAGED
 IN, AND IS ENGAGING IN, UNFAIR LABOR PRACTICES WITHIN THE MEANING OF
 SECTION 7116(A)(1), (5) AND (8) OF THE STATUTE.  SPECIFICALLY, THE
 COMPLAINT ALLEGED THAT ON OR ABOUT FEBRUARY 4, 1980, AND CONTINUING TO
 DATE, RESPONDENT AND ITS CONSTITUENT ORGANIZATION, 2849TH AIR BASE GROUP
 (AFLC), HILL AIR FORCE BASE, UTAH, REFUSED TO AUTHORIZE OFFICIAL TIME
 FOR JOSEPH WALLY AND LOIS HOWELL, MEMBERS OF A UNIT OF EMPLOYEES PAID
 FROM APPROPRIATED FUNDS, WHO WERE REPRESENTING THE UNION IN THE
 NEGOTIATION OF A COLLECTIVE BARGAINING AGREEMENT WITH HEADQUARTERS
 2849TH AIR BASE GROUP ON BEHALF OF NON-APPROPRIATED FUND EMPLOYEES
 REPRESENTED BY THE UNION, CONTRARY TO THE REQUIREMENTS OF SECTION
 7131(A) OF THE STATUTE.  /3/
 
    RESPONDENT FILED AN ANSWER TO THE COMPLAINT, DATED AUGUST 21, 1980,
 IN WHICH IT ADMITTED DENYING THE REQUEST OF THE UNION FOR OFFICIAL TIME
 BUT DENIED THE COMMISSION OF ANY UNFAIR LABOR PRACTICE.
 
    THE COMPLAINT WAS SCHEDULED FOR HEARING ON OCTOBER 21, 1980, IN
 OGDEN, UTAH.  BY ORDER DATED OCTOBER 10, 1980, THE ACTING REGIONAL
 DIRECTOR GRANTED A MOTION BY THE OFFICE OF PERSONNEL MANAGEMENT (OPM) TO
 INTERVENE IN THIS CASE.
 
    ON OCTOBER 20, 1980, RESPONDENT AND GENERAL COUNSEL ENTERED INTO
 CERTAIN STIPULATIONS OF FACT (G.C. EXH. 1).  AT HEARING ON OCTOBER 21,
 1980, THE UNION AGREED TO THE STIPULATED FACTS CONTAINED IN G.C. EXHIBIT
 1 WITH CERTAIN EXCEPTIONS.  /3/
 
    BY STIPULATION, THE PARTIES WAIVED A HEARI