34:0506(84)NG - -DEPARTMENT OF HEALTH AND HUMAN SERVICES - - 1990 FLRAdec NG - - v34 p506
[ v34 p506 ]
The decision of the Authority follows:
34 FLRA NO. 84
DEPARTMENT OF HEALTH AND HUMAN SERVICES
SOCIAL SECURITY ADMINISTRATION AND
SOCIAL SECURITY ADMINISTRATION FIELD
OPERATIONS, NEW YORK REGION
AMERICAN FEDERATION OF GOVERNMENT
DECISION AND ORDER
January 22, 1990
Before Chairman McKee and Members Talkin and Armendariz.
I. Statement of the Case
The Administrative Law Judge issued the attached decision in the above-entitled proceeding, finding that the Respondent had not engaged in the unfair labor practices alleged in the complaint. The unfair labor practice complaint alleged that the Respondent violated section 7116(a) (1) and (2) of the Federal Service Labor - Management Relations Statute (the Statute) by virtue of the actions of a supervisor in issuing a written reprimand to Union Steward Geraldine Robinson for alleged disobedient and insubordinate conduct.
The General Counsel and the Charging Party filed exceptions. The Respondent did not file an opposition to either the General Counsel's or the Charging Party's exceptions.
Pursuant to section 2423.29 of the Authority's Rules and
Regulations and section 7118 of the Statute, we have
reviewed the rulings of the Judge made at the hearing 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 dismissing the complaint. 1
The complaint is dismissed.
(If blank, the decision does not have footnotes.)
The General Counsel and the Charging Party except
to certain credibility findings made by the Judge. The demeanor
of witnesses is an important factor in resolving issues of
credibility, and the Judge has had the benefit of observing the
witnesses while they testified. We will not overrule a Judge's
determination regarding credibility of witnesses unless a clear
preponderance of all the relevant evidence demonstrates that
the determination was incorrect. We have examined the record
carefully and find no basis for reversing the Judge's
credibility findings. See Veterans Administration, Washington,
D.C. and Veterans Administration Medical Center, Leavenworth,
Kansas, 30 FLRA 961 (1988).