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

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[ 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.

(c) In any like or related manner, interfering with the local bargaining relationship between the American Federation of Government Employees, AFL-CIO, Southwest Council of Food Inspection Locals, C-17 and the United States Department of Agriculture, Food Safety and Inspection Service, Meat and Poultry Inspection Program, Southwest Region, Dallas, Texas.

2. Take the following affirmative action in order to effectuate the purposes and policies of the Statute:

(a) Direct the United States Department of Agriculture, Food Safety and Inspection Service, Meat and Poultry Inspection Program, Southwest Region, Dallas, Texas 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 it represents.

(b) Post at its facility, United States Department of Agriculture, Food Safety and Inspection Service, Meat and Poultry Inspection Program, Southwest Region, Dallas, Texas, copies of the attached notice on forms to be furnished by the Federal Labor Relations Authority. Upon receipt of such forms, they shall be signed by the Administrator, United States Department of Agriculture, Food Safety and Inspection Service, Washington, D.C. and shall be posted and maintained for 60 consecutive days thereafter in conspicuous places, including all bulletin boards and places where notices to employees are customarily posted. Reasonable steps shall be taken to ensure that such notices are not altered, defaced, or covered by any other material.

(c) Pursuant to section 2423.30 of the Authority's Rules and Regulations, notify the Regional Director, Region VI, Federal Labor Relations Authority, in writing, within 30 days from the date of this Order as to what steps have been taken to comply.

The allegations in the complaint against the United States Department of Agriculture, Food Safety and Inspection Service, Meat and Poultry Inspection Program, Southwest Region, Dallas, Texas are dismissed.

Issued, Washington, D.C.,

__________________________
Jerry L. Calhoun, Chairman
Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY

 

NOTICE TO ALL EMPLOYEES

AS ORDERED BY THE FEDERAL LABOR RELATIONS AUTHORITY

AND TO EFFECTUATE THE POLICIES OF THE

FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE

WE NOTIFY OUR EMPLOYEES THAT:

WE WILL NOT direct 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 our employees, the names and home addresses of all employees in the unit it represents.

WE WILL NOT direct 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 our employees or the designated agents of the exclusive representative for bargaining units of our employees the names and home addresses of employees in the units they represent.

WE WILL NOT, in any like or related manner, interfere with the local bargaining relationship between the American Federation of Government Employees, AFL-CIO, Southwest Council of Food Inspection Locals, C-17 and the United States Department of Agriculture, Food Safety and Inspection Service, Meat and Poultry Inspection Program, Southwest Region, Dallas, Texas.

WE WILL direct the United States Department of Agriculture, Food Safety and Inspection Service, Meat and Poultry Inspection Program, Southwest Region, Dallas, Texas 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 our employees, the names and home addresses of all employees in the unit it represents.

_______________________
(Service)

Dated:___________ By:_______________________

(Signature) (Title)

This Notice must remain posted for 60 consecutive days from the date of posting, and must not be altered, defaced, or covered by any other material.<