39:0722(61)CA - - Transportation, FAA, Aviation Standards National Field Office, Aircraft and Engineering Division, OK City, OK and NFFE Local 2097 - - 1991 FLRAdec CA - - v39 p722

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[ v39 p722 ]
39:0722(61)CA
The decision of the Authority follows:


39 FLRA No. 61

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

AVIATION STANDARDS NATIONAL FIELD OFFICE

AIRCRAFT AND ENGINEERING DIVISION

OKLAHOMA CITY, OKLAHOMA

(Respondent)

and

NATIONAL FEDERATION OF FEDERAL EMPLOYEES

LOCAL 2097

(Charging Party/Union)

76-CA-00275

DECISION AND ORDER

February 20, 1991

Before Chairman McKee and Members Talkin and Armendariz.

I. Statement of the Case

The Administrative Law Judge issued the attached decision finding that the Respondent had engaged in the unfair labor practices alleged in the complaint by refusing to furnish, upon request of the Union, the names and home addresses of bargaining unit employees. The Judge granted the General Counsel's motion for summary judgment, which was opposed by the Respondent, and recommended that Respondent be ordered to take appropriate remedial action. The Respondent filed exceptions to the Judge's decision. No opposition to the exceptions was filed.

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 affirmed. Upon consideration of the Judge's decision, the exceptions and the entire record, we adopt the Judge's findings, conclusions and recommended Order for the reasons fully set forth in U.S. Department of the Navy, Portsmouth Naval Shipyard, Portsmouth, New Hampshire, 37 FLRA 515 (1990), application for enforcement filed sub nom. FLRA v. U.S. Department of the Navy, Portsmouth Naval Shipyard, Portsmouth, New Hampshire, No. 90-1949 (1st Cir. Oct. 1, 1990) and U.S. Department of the Navy, Naval Communications Unit Cutler, East Machias, Maine, 37 FLRA 550 (1990), cross petition for review filed sub nom. U.S. Department of the Navy, Naval Communications Unit Cutler, East Machias, Maine v. FLRA, No. 90-2015 (1st Cir. Oct. 19, 1990).

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 U.S. Department of Transportation, Federal Aviation Administration, Aviation Standards National Field Office, Aircraft and Engineering Division, Oklahoma City, Oklahoma shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the National Federation of Federal Employees, Local 2097, the exclusive representative of certain of its employees, the names and 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 rights assured them by the Statute.

2. Take the following affirmative action in order to effectuate the purposes and policies of the Federal Service Labor-Management Relations Statute:

(a) Furnish the National Federation of Federal Employees, Local 2097, the exclusive representative of certain of its employees, the names and home addresses of all employees in the bargaining unit it represents.

(b) Post at its facilities 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 Director and shall be posted and maintained for 60 consecutive days thereafter, in conspicuous places, including all bulletin boards and other places where notices to employees are customarily posted. Reasonable steps shall be taken to insure 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, Denver Regional Office, Federal Labor Relations Authority, Denver, Colorado, in writing, within 30 days from the date of this Order, as to what steps have been taken to comply herewith.

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 HEREBY NOTIFY OUR EMPLOYEES THAT:

WE WILL NOT refuse to furnish, upon request of the National Federation of Federal Employees, Local 2097, the exclusive representative of certain of our employees, the names and 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 employees in the exercise of the rights assured them by the Federal Service Labor-Management Relations Statute.

WE WILL furnish the National Federation of Federal Employees, Local 2097, the exclusive representative of certain of our employees, the names and home addresses of al