15:0488(105)CO - Overseas Education Association and Joseph Cardone -- 1984 FLRAdec CO



[ v15 p488 ]
15:0488(105)CO
The decision of the Authority follows:


 15 FLRA No. 105
 
 OVERSEAS EDUCATION ASSOCIATION
 Respondent
 
 and
 
 JOSEPH CARDONE
 Charging Party
 
                                            Case No. 3-CO-93
 
                            DECISION AND ORDER
 
    This matter is before the Authority pursuant to the Regional
 Director's "Order Transferring Case to the Federal Labor Relations
 Authority" in accordance with section 2429.1(a) of the Authority's Rules
 and Regulations.
 
    Upon consideration of the entire record in this case, including the
 stipulation of facts, accompanying exhibits, and the contentions of the
 parties, the Authority finds:
 
    The complaint alleged that the Respondent, Overseas Education
 Association (OEA or the Union) violated section 7116(b)(1) of the
 Federal Service Labor-Management Relations Statute (the Statute) /1/ by
 publishing and distributing an article in its publication, The
 Washington Journal, disparaging and ridiculing unit employee Joseph
 Cardone, the Charging Party, and calling for revenge or reprisal against
 him because he had filed an earlier unfair labor practice charge against
 the Union under the Statute.  In March 1981, Joseph Cardone filed a
 charge with the Authority against the Respondent.  /2/ In April 1981,
 the Union distributed an edition of its Washington Journal, on page 12
 of which appeared an article concerning two new unfair labor practice
 charges that had been filed against the OEA.  /3/ The article stated
 that, "(i)n an attempt to protect the charging parties from the wrath of
 our membership, the actual names will not be used." The charge filed by
 Cardone was quoted verbatim in the article, as set forth below, except
 that "Ima Turkey" was substituted for the Charging Party's real name:
 
          On or about October 1979 and again on or about January 1981 OEA
       officials did interfere with and restrain Ima Turkey, a unit
       employee assigned as a teacher to the Aschaffenburg ES/JHS in the
       exercise of his rights under the Act by attempting to penalize him
       for having engaged in protected activities by filing a law suit
       against him.  Again in December 1980 the OEA faculty
       representatives at Aschaffenburg ES/JHS protested Ima Turkey's
       reading of an OEA Journal, stating vociferously before other unit
       employees that because he was a non-member, he had no right to
       read the OEA Journal, an external publication of the OEA, and that
       he had stolen it from another teacher's mailbox.  Again in
       December 1980 as a result of the above incident OEA officials
       reported Ima Turkey to the CID (Criminal Investigation Division)
       of the U.S. Army for prosecution.  The actions of the OEA were
       motivated by an attempt to punish and penalize Mr. Turkey for
       complaining about a lack of union representation and then filing
       an unfair labor practice charge.
 
    The article then concluded with the following statement concerning
 the above charge filed by Cardone:
 
          This obviously is a hot one which cries for vengeance.  If
       anyone in the area of Aschaffenburg could supply the librarian,
       Mr. Turkey, with a copy of the Washington Journal, we would be
       most appreciative.  It is OEA policy to share our Journal with
       both believers and nonbelievers and to accuse a librarian of
       stealing a book or magazine is a dastardly accusation.
 
    The General Counsel argues that the remarks contained in the
 publication, which referred to Cardone as "Ima Turkey";  which gave
 sufficient information so as to reveal Cardone's identity;  which
 suggested that Cardone would incur the wrath of the Union membership;
 and which referred to his unfair labor practice charge as "a hot one
 which cries for vengeance," exceeded the bounds of legally permissible
 conduct.  More specifically, the General Counsel argues that such
 remarks would reasonably intimidate and discourage Cardone and other
 employees from exercising their statutory right to file charges against
 the Union.  The Respondent Union, on the other hand, argues that the
 remarks did not intimidate or coerce Cardone in the exercise of his
 protected rights but, rather, constituted a valid communication to
 employees relating matters of Union concern.  By substituting "Ima
 Turkey" for Cardone's name, the Respondent further argues, it was
 attempting to protect Cardone and inject some humor into the situation.
 Moreover, the Respondent argues that its "cries for vengeance" comment
 was simply an expression of the Respondent's belief as to the merits of
 the charge.
 
    In the Authority's view, the remarks contained in the publication
 were violative of section 7116(b)(1) of the Statute inasmuch as they
 could reasonably tend to have a coercive effect on the exercise by unit
 employees of their protected rights under the Statute.  Thus, where a
 Union publication designed to communicate matters of concern to unit
 employees contains an article which not only describes an employee who
 had filed an unfair labor practice charge against the Union in a
 derogatory way, but also with sufficient particularity that his identity
 could clearly be ascertained;  suggests that the employee needs
 protection from the wrath of the Union membership for having filed such
 a charge;  and concludes that the filing of such charges "cries for
 vengeance," the Authority finds that such remarks constitute implied
 threats which tend to have a coercive and restraining effect not only on
 the particular employee in the exercise of his protected rights under
 the Statute, but also on other employees who might similarly wish to
 engage in such rights protected by the Statute.  Accordingly, the
 Authority concludes that the Respondent's conduct violated section
 7116(b)(1) of the Statute.  /4/
 
                                   ORDER
 
    Pursuant to section 2423.29 of the Federal Labor Relations
 Authority's Rules and Regulations and section 7118 of the Federal
 Service Labor-Management Relations Statute, the Authority hereby orders
 that the Overseas Education Association, shall:
 
    1.  Cease and desist from:
 
    (a) Threatening Joseph Cardone, or any other employee, with vengeance
 or reprisals by its members for filing an unfair labor practice charge
 under the Federal Service Labor-Management Relations Statute.
 
    (b) 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 effectuate the
 purposes and policies of the Federal Service Labor-Management Relations
 Statute:
 
    (a) Post at its business offices and its normal meeting places,
 including all places where notices to member and non-member overseas
 teachers are customarily posted, copies of the attached Notice 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 Overseas
 Education Association, or his designee, and shall be posted and
 maintained for 60 consecutive days thereafter, in conspicuous places,
 including all places where notices to members and other employees are
 customarily posted.  Reasonable steps shall be taken to insure that such
 Notices are not altered, defaced, or covered by any other material.
 
    (b) Pursuant to section 2423.30 of the Authority's Rules and
 Regulations, notify the Regional Director, Region III, 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., August 9, 1984
 
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
 
                 NOTICE TO ALL MEMBERS AND OTHER 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 THAT:
 
    WE WILL NOT threaten Joseph Cardone, or any other employee, with
 vengeance or reprisals by our members for filing an unfair labor
 practice charge under the Federal Service Labor-Management Relations
 Statute.
 
    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.
                                       Labor Organization
                                       By:  (Signature) (Title)
 
    Dated:  . . .
 
    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 or compliance
 with its provisions, they may communicate directly with the Regional
 Director, Region III, Federal Labor Relations Authority whose address
 is:  P.O. Box 33758, Washington, D.C. 20033-0758 and whose telephone
 number is:  (202) 653-8452.
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ Section 7116(b)(1) provides:
 
    Sec. 7116.  Unfair labor practices