33:0269(31)CA - - DOI, National Park Service, Washington, DC and National Park Service Regional Office, Atlanta, GA and Blue Ridge Parkway, Asheville, NC and AFGE Local 446 - - 1988 FLRAdec CA - - v33 p269

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[ v33 p269 ]
33:0269(31)CA
The decision of the Authority follows:


33 FLRA No. 31

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

UNITED STATES DEPARTMENT OF THE INTERIOR

WASHINGTON, D.C.

NATIONAL PARK SERVICE

WASHINGTON, D.C.

NATIONAL PARK SERVICE REGIONAL OFFICE

ATLANTA, GEORGIA

BLUE RIDGE PARKWAY

ASHEVILLE, NORTH CAROLINA

(Respondents)

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

AFL-CIO

LOCAL 446

(Charging Party)

4-CA-70473

DECISION AND ORDER

October 24, 1988

Before Chairman Calhoun and Member McKee.

The Administrative Law Judge issued the attached decision in this case. The Judge found that the Respondent United States Department of Interior, Washington, D.C., had engaged in the unfair labor practices alleged in the complaint by directing Blue Ridge Parkway, Asheville, North Carolina (the Activity) not to furnish the Charging Party with the names and home addresses of bargaining unit employees. The Judge found that the Respondents National Park Service, Washington, D.C., and National Park Service Regional Office, Atlanta, Georgia, had not committed the unfair labor practices alleged in the complaint because they did not direct the Respondent Activity not to furnish the Charging Party with the names and home addresses of bargaining unit employees. The Judge also found that the Respondent Activity had not committed the unfair labor practices alleged in the complaint by refusing to furnish the Charging Party with the names and home addresses of bargaining unit employees because the Respondent Activity's action was ministerial in nature.

The Judge granted the General Counsel's motion for summary judgment with respect to the Respondent United States Department of the Interior, Washington, D.C., and recommended that it be ordered to take appropriate remedial action. The Judge recommended that the complaint be dismissed with respect to the other Respondents. The Respondents filed exceptions to the Judge's decision. The General Counsel filed an opposition to the exceptions.

Pursuant to section 2423.29 of our Rules and Regulations and section 7118 of the Federal Service Labor-Management Relations Statute (the Statute), we have reviewed the rulings of the Judge. We find that no prejudicial error was committed, and 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), petition for cert. filed, 57 U.S.L.W. 3186 (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), 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

A. Pursuant to section 2423.29 of our Rules and Regulations and section 7118 of the Federal Service Labor-Management Relations Statute, we order that the United States Department of the Interior, Washington, D.C., shall:

1. Cease and desist from:

(a) Directing the Blue Ridge Parkway, Asheville, North Carolina, and/or the Regional Personnel Office