29:0482(48)CA - Justice, Bureau of Prisons, Metropolitan Correctional Center, New York, NY and AFGE Local 3148 -- 1987 FLRAdec CA



[ v29 p482 ]
29:0482(48)CA
The decision of the Authority follows:


29 FLRA No. 48

UNITED STATES DEPARTMENT OF
JUSTICE, BUREAU OF PRISONS,
METROPOLITAN CORRECTIONAL
CENTER, NEW YORK, NEW YORK

              Respondent

         and

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
AFL-CIO, LOCAL 3148

              Charging Party

Case No. 2-CA-60082
(27 FLRA No. 97)

DECISION ON RECONSIDERATION

I. Statement of the Case

This matter is before the Authority on motions filed by the Respondent (1) seeking reconsideration of our decision of June 29, 1987 in 27 FLRA No. 97, and (2) requesting waiver of the time limit established by section 2429.17 of our Regulations for filing a motion for reconsideration. For the reasons set forth below, we grant the motions and, on consideration of the record as a whole, we reaffirm our Decision and Order in this matter.

II. Background

In our decision of June 29, 1987, we found that the Respondent violated section 7116(a)(1), (2) and (8) of the Federal Service Labor - Management Relations Statute (the Statute) when it (1) denied an employee's request for union representation under section 7114(a)(2)(B) of the Statute at an examination in connection with an investigation, and (2) proposed to suspend and then suspended