31:0815(56)CA - Navy and Navy, Portsmouth Naval Shipyard (Portsmouth, NH) and Richard Pearl and Victor Porro and Portsmouth FEMTC -- 1988 FLRAdec CA



[ v31 p815 ]
31:0815(56)CA
The decision of the Authority follows:


31 FLRA No. 56

DEPARTMENT OF THE NAVY AND
DEPARTMENT OF THE NAVY
PORTSMOUTH NAVAL SHIPYARD
(PORTSMOUTH, NEW HAMPSHIRE)

                     Respondent

      and

RICHARD PEARL

      and

VICTOR PORRO

      and

PORTSMOUTH FEDERAL EMPLOYEES
METAL TRADES COUNCIL, AFL-CIO

                     Charging Party

Case Nos.   1-CA-30303
            1-CA-30305
            1-CA-30306
       (21 FLRA 195)
       (28 FLRA 209)

SUPPLEMENTAL DECISION AND ORDER

This matter is before the Authority by direction of the United States Court of Appeals for the First Circuit, Department of the Navy v. FLRA, No. 86-1506 (December 30, 1987). The court concluded that the Authority's decision on remand in this matter, 28 FLRA 209 (1987) was inconsistent with the court's mandate in Department of the Navy v. FLRA, 815 F.2d 797 (1st Cir. 1987) and issued a writ of mandamus. The court ordered that the Authority dismiss the unfair labor practice complaint. [PAGE]

Consistent with the court's opinion, the Authority shall dismiss the complaint.