32:1184(157)CA - - Justice, INS, Western Regional Office, San Pedro, CA and National Border Patrol Council, AFGE Local 2554 - - 1988 FLRAdec CA - - v32 p1184

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32:1184(157)CA
The decision of the Authority follows:


32 FLRA No. 157

UNITED STATES OF AMERICA

BEFORE THE

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

 

UNITED STATES DEPARTMENT OF

JUSTICE, IMMIGRATION AND

NATURALIZATION SERVICE

WESTERN REGIONAL OFFICE

SAN PEDRO, CALIFORNIA

Respondent

and 

NATIONAL BORDER PATROL COUNCIL

AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, LOCAL 2554, AFL-CIO

Charging Party

Case No. 8-CA-70345

DECISION AND ORDER

The Administrative Law Judge issued the attached decision in this case, finding that the United States Department of Justice, Immigration and Naturalization Service, Western Regional Office, San Pedro, California (the Respondent) had engaged in the unfair labor practices alleged in the complaint by refusing to furnish, upon request of the National Border Patrol Council, American Federation of Government Employees, Local 2554, AFL-CIO (the Charging Party or Union), the names and home addresses of bargaining unit employees.

The Respondent 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. The rulings are hereby affirmed. Upon consideration of the Judge's Decision 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), petition for cert. filed, U.S.L.W. (U.S. Aug. 26, 1988) (No. 88-349). See also United States Department of the Navy and Philadelphia Naval Shipyard v. FLRA, 840 F.2d 1131 (3d Cir. 1988), petition for cert. filed, U.S.L.W. (U.S. Aug. 26, 1988) (No. 88-356), 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), petition for cert. filed, U.S.L.W. (U.S. Aug. 26, 1988) (No. 88-354), 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), petition for cert. filed, U.S.L.W. (U.S. Aug. 26, 1988) (No. 88-355), 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 Federal Service Labor-Management Relations Statute, the United States Department of Justice, Immigration and Naturalization Service, Western Regional Office, San Pedro, California, shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the National Border Patrol Council, American Federation of Government Employees, Local 2554, AFL-CIO, the exclusive representative of certain of its employees, the names with home addresses of all employees in the bargaining unit it represents.

(b) In any like or related manner, interfering with, restraining, or coercing its employees in the exercise of the rights assured them by the Statute.

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

(a) Furnish the National Border Patrol Council, American Federation of Government Employees, Local 2554, AFL-CIO, the names with home addresses of all employees in the bargaining unit it represents.

(b) Post at its facilities where bargaining unit employees represented by the National Border Patrol Council, American Federation of Government Employees, Local 2554, AFL-CIO, are located, 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 Regional Commissioner of the United States Department of Justice, Immigration and Naturalization Service, Western Regional Office, San Pedro, California, and shall be posted in conspicuous places, including all bulletin boards and other places where notices to employees are customarily posted, and shall be maintained for 60 consecutive days thereafter. 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 VIII, Federal Labor Relations Authority, in

writing, within 30 days from the date of this Order as to what steps have been taken to comply.

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 refuse to furnish, upon request of the National Border Patrol Council, American Federation of Government Employees, Local 2554, AFL-CIO, the exclusive representative of certain of our employees, the names with home addresses of all employees in the bargaining unit it represents.

WE WILL NOT in any like or related manner, interfere with, restrain, or coerce our employees in the exercise of their rights assured them by the Federal Service Labor-Management Relations Statute.

WE WILL furnish the National Border Patrol Council, American Federation of Government Employees, Local 2554, AFL-CIO, the names with home addresses of all employees in the bargaining unit it represents.

_______________________
(Activity)

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 ma