17:0302(41)CA - OPM, Washington, DC and AFGE Local 2849 -- 1985 FLRAdec CA



[ v17 p302 ]
17:0302(41)CA
The decision of the Authority follows:


 17 FLRA No. 41
 
 OFFICE OF PERSONNEL MANAGEMENT
 WASHINGTON, D.C.
 Respondent
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 2849, AFL-CIO
 Charging Party/Union
 
                                            Case No. 2-CA-20154
 
                            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 and accompanying exhibits, and the contentions of
 the parties, the Authority finds:
 
    The complaint herein alleges that based upon Authority law as it
 existed in 1981, at the time of the probative facts in this case, the
 Respondent violated section 7116(a)(1) and (5) of the Federal Service
 Labor-Management Relations Statute (the Statute) when the Agency head,
 pursuant to section 7114(c) of the Statute, disapproved a provision of
 an agreement negotiated between the Charging Party and Respondent's
 Eastern Region.  This provision had provided:
 
          Article III Section C paragraph 3:
 
          If at any time Management holds a discussion with an employee
       and the employee reasonably believes the matter may lead to
       disciplinary acti