32:0305(46)CA - - NLRB and NLRBU Local 6 - - 1988 FLRAdec CA - - v32 p305


[ v32 p305 ]
32:0305(46)CA
The decision of the Authority follows:

32 FLRA No. 46

UNITED STATES OF AMERICA
BEFORE THE
FEDERAL LABOR RELATIONS AUTHORITY
WASHINGTON, D.C.

 

NATIONAL LABOR RELATIONS BOARD
Respondent

and 

NATIONAL LABOR RELATIONS BOARD
UNION, LOCAL 6
Charging Party

Case No. 2-CA-50471
(26 FLRA 108)

DECISION AND ORDER ON REMAND

I. Statement of the Case

This case is before the Authority pursuant to a remand from the United States Court of Appeals for the District of Columbia Circuit in National Labor Relations Board Union, Local 6 v. FLRA, 842 F.2d 483 (D.C. Cir. 1988) (NLRBU Local 6).

The issue is whether the Respondent violated section 7116(a)(1), (5), and (8) of the Federal Service Labor-Management Relations Statute (the Statute) by its failure to provide the Charging Party (the Union) with a document which is necessary for it to represent a bargaining unit employee in a grievance. For the following reasons, we have decided to remand this case for findings of fact and consideration by an Authority Administrative Law Judge (ALJ). Accordingly, we shall remand the case to the Regional Director, who originally transferred the case to us with a stipulated record, for appropriate action.(*)

II. Background

A. Facts

An employee in the Respondent's Pittsburgh office