35:0790(84)CA - - Labor, Mine Safety and Health Administration and AFGE, National Council of Field Office Locals, Local 3316 - - 1990 FLRAdec CA - - v35 p790

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[ v35 p790 ]
35:0790(84)CA
The decision of the Authority follows:


35 FLRA No. 84

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF LABOR

MINE SAFETY AND HEALTH ADMINISTRATION

(Respondent)

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

NATIONAL COUNCIL OF FIELD OFFICE LOCALS

LOCAL 3316

(Charging Party/Union)

3-CA-80179

DECISION AND ORDER

April 27, 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 violated section 7116(a)(1) and (8) of the Federal Service Labor-Management Relations Statute (the Statute) by denying an employee's request for union representation under section 7114(a)(2)(B) of the Statute during an examination in connection with an investigation which the employee reasonably believed could result in disciplinary action. The Respondent filed exceptions to the Judge's Decision.1/ The General Counsel filed an opposition to the Respondent's exceptions.

Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of Statute, we have reviewed the rulings of the Judge made at the hearing and find that no prejudicial error was committed. We affirm the rulings. Upon consideration of the Judge's Decision and the entire record, we adopt the Judge's findings, conclusions, and recommended Order.(2)

II. Order

Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Statute, the U.S. Department of Labor, Mine Safety and Health Administration shall:

1. Cease and desist from:

(a) Interfering with the right of its employees represented by the American Federation of Government Employees, National Council of Field Office Locals, Local 3316, AFL-CIO to union representation at examinations in connections with investig