32:0447(68)CA - - Dept of Agriculture Washington, DC, and Dept of Agriculture, Food Safety and Inspection Service Washington, DC, and Dept of Agriculture Food Safety and Inspection Service, Meat and Poultry Inspection Program, Southwest Region Dallas, TX and American Federation of Government Employees, AFL-CIO, Southwest Council of Food Inspection Locals, C-17 - - 1988 FLRAdec CA - - v32 p447

Other Files: 


[ v32 p447 ]
32:0447(68)CA
The decision of the Authority follows:


32 FLRA No. 68

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

 

UNITED STATES DEPARTMENT OF
AGRICULTURE, WASHINGTON, D.C.

and

UNITED STATES DEPARTMENT OF
AGRICULTURE, FOOD SAFETY AND
INSPECTION SERVICE, WASHINGTON, D.C.

and

UNITED STATES DEPARTMENT OF
AGRICULTURE, FOOD SAFETY AND
INSPECTION SERVICE, MEAT AND POULTRY
INSPECTION PROGRAM, SOUTHWEST REGION
DALLAS, TEXAS
Respondents

and 

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, SOUTHWEST COUNCIL
OF FOOD INSPECTION LOCALS, C-17
Charging Party

Case No. 6-CA-70729

DECISION AND ORDER

The Administrative Law Judge issued the attached decision in the above-entitled proceeding, finding that the Respondents United States Department of Agriculture, Washington, D.C. (Respondent Agency) and United States Department of Agriculture, Food Safety and Inspection Service, Washington, D.C. (Respondent Service) had engaged in the unfair labor practices alleged in the complaint by directing the United States Department of Agriculture, Food Safety and Inspection Service, Meat and Poultry Inspection Program, Southwest Region, Dallas, Texas (Respondent Activity) not to provide the Charging Party with the names and home addresses of bargaining unit employees. The Judge found that the Respondent Activity had not committed the unfair labor practices alleged in the complaint because the Respondent Activity's action was merely ministerial in nature.

The Judge granted the General Counsel's motion for summary judgment with respect to Respondents Agency and Service and recommended that Respondents Agency and Service be ordered to take appropriate remedial action. Respondents Agency and Service filed exceptions to the Judge's decision.

Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Federal Service Labor-Management Relations Statute (the Statute), we have reviewed the rulings of the Judge and find that no prejudicial error was committed. We affirm the rulings. Upon consideration of the Judge's Decision, the exceptions, and the entire record, we adopt the Judge's findings, conclusions, and recommended Order. See Farmers Home Administration Finance Office, St. Louis, Missouri, 23 FLRA 788 (1986), enforced in part and remanded sub nom. U.S. Department of Agriculture and Farmers Home Administration Finance Office, St. Louis, Missouri v. FLRA, 836 F.2d 1139 (8th Cir. 1988). See also United States Department of the Navy and Philadelphia Naval Shipyard v. FLRA, 840 F.2d 1131 (3d Cir. 1988), enforcing Philadelphia Naval Shipyard, 24 FLRA 37 (1986); U.S. Department of the Air Force, Scott Air Force Base, Illinois v. FLRA, 838 F.2d 229 (7th Cir. 1988), affirming Department of the Air Force, Scott Air Force Base, Illinois, 24 FLRA 226 (1986); Department of Health and Human Services, Social Security Administration v. FLRA, 833 F.2d 1129 (4th Cir. 1987), affirming Department of Health and Human Services, Social Security Administration, 24 FLRA 543 (1986); Department of Health and Human Services, Social Security Administration and Social Security Administration Field Operations, New York Region, 24 FLRA 583 (1986); Department of Health and Human Services, Social Security Administration, 24 FLRA 600 (1986).

ORDER

Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Statute, the United States Department of Agriculture, Washington, D.C. and United States Department of Agriculture, Food Safety and Inspection Service, Washington, D.C. shall:

1. Cease and desist from:

(a) Directing the United States Department of Agriculture, Food Safety and Inspection Service, Meat and Poultry Inspection Program, Southwest Region, Dallas, Texas to refuse to furnish the American Federation of Government Employees, AFL-CIO, Southwest Council of Food Inspection Locals, C-17, the designated agent of the exclusive representative for a bargaining unit of its employees, the names and home addresses of all employees in the unit.

(b) Directing other component activities of the United States Department of Agriculture, Food Safety and Inspection Service to refuse to furnish upon request of the exclusive representative of bargaining units of its employees or the designated agents of the exclusive representative for bargaining units of its employees the names and home addresses of employees in the units they represent.