39:0446(35)CA - - GSA and GSA, Region 3 and AFGE, Council of GSA Locals No. 236 - - 1991 FLRAdec CA - - v39 p446

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[ v39 p446 ]
39:0446(35)CA
The decision of the Authority follows:


39 FLRA No. 35

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

GENERAL SERVICES ADMINISTRATION AND

GENERAL SERVICES ADMINISTRATION, REGION III

(Respondent)

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

COUNCIL OF GSA LOCALS NO. 236

AFL-CIO

(Charging Party/Union)

2-CA-90425

DECISION AND ORDER

February 8, 1991

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) of the Federal Service Labor-Management Relations Statute (the Statute) by telling a unit employee that, because he filed a unfair labor practice charge against the Respondent, disciplinary action would be taken against him. The Judge recommended that the Respondent cease and desist from such practices, and take certain affirmative action. The Respondent filed an exception to the Judge's decision. The General Counsel did not file an opposition to the Respondent's exception.

In effect, the Respondent excepts to the credibility resolutions of the Judge on which his findings of fact are based. The demeanor of witnesses is an important factor in resolving issues of credibility. Only 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. Department of the Air Force, Sacramento Air Logistics Center, McClellan Air Force Base, California, 35 FLRA 345, 346 n.1 (1990).

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. Consistent with the foregoing discussion we find that no prejudicial error was committed and 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.

II. ORDER

Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Statute, it is hereby ordered that the General Services Administration and General Services Administration, Region III, shall:

1. Cease and desist from:

(a) Stating to employees that because they filed unfair labor practice charges against it cert