39:1487(131)CA - - Customs Service, Washington, DC and Great Falls, MT and NTEU Chapter 231 - - 1991 FLRAdec CA - - v39 p1487

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39:1487(131)CA
The decision of the Authority follows:


39 FLRA No. 131

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. CUSTOMS SERVICE

WASHINGTON, D.C.

AND

U.S. CUSTOMS SERVICE

GREAT FALLS, MONTANA

(Respondents)

and

NATIONAL TREASURY EMPLOYEES UNION

CHAPTER 231

(Charging Party)

7-CA-90506

DECISION AND ORDER

March 27, 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 Respondents violated section 7116(a)(1), (5), and (8) of the Federal Service Labor-Management Relations Statute (the Statute) by failing and refusing to furnish the Charging Party with the names and home addresses of bargaining unit employees represented by the Charging Party. The Judge granted the General Counsel's motion for summary judgment, denied the Respondents' cross motion for summary judgment, and recommended that the Respondents be ordered to take appropriate remedial action. The Respondents filed exceptions to the Judge's decision. The General Counsel filed an opposition to the Charging Party's exceptions.

Pursuant to section 2423.29 of the Authority's Rules and Regulations, we have reviewed the rulings of the Judge and find that no prejudicial error was committed. On consideration of 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, the U.S. Customs Service, Washington, D.C., and the U.S. Customs Service, Great Falls, Montana, shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the National Treasury Employees Union, Chapter 231, 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 actions in order to effectuate the purposes and policies of the Statute:

(a) Furnish the National Treasury Employees Union, Chapter 231, 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 District 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 ensure 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 NOTIFY OUR EMPLOYEES THAT:

WE WILL NOT refuse to furnish, upon request of the National Treasury Employees Union, Chapter 231, 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 o