40:0558(52)CA - - Army Soldier Support Center, Fort Benjamin Harrison, IN and AFGE Local 1141 - - 1991 FLRAdec CA - - v40 p558

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ALJ's Decision

40 FLRA No. 52

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). The complaint alleged that the Respondent violated section 7116(a)(1) of the Federal Service Labor-Management Relations Statute (the Statute) by refusing to allow employees to engage in informational picketing within the confines of Fort Benjamin Harrison. The Charging Party and the Respondent filed exceptions to the Judge's decision. The Respondent filed an opposition to 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. 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 Federal Service Labor-Management Relations Statute, the Department of the Army, U.S. Army Soldier Support Center, Fort Benjamin Harrison, Indianapolis, shall:

1. Cease and desist from:

(a) Interfering with the rights of its employees to engage in activity protected by the Federal Service Labor-Management Relations Statute by refusing to allow the American Federation of Government Employees, Local 1141, AFL-CIO, the exclusive representative of its employees, to conduct informational picketing at Coleman Circle related to their terms and conditions of employment.

(b) In any like or related manner, interfering with, restraining, or coercing its employees in the exercise of the rights assured them by the Federal Service Labor-Management Relations Statute.

2. Take the following affirmative action in order to effectuate the purposes and policies of the Statute:

(a) Post at Army facilities at Fort Benjamin Harrison, 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 Commander of Fort Benjamin Harrison, and shall be posted in conspicuous places, including all bulletin boards and other places where notices to employees are customarily posted, and shall be maintained for 60 consecutive days thereafter. Reasonable steps shall be taken to ensure that such notices are not altered, defaced, or covered by any other ma