41:0018(2)CO - - AFGE Local 1909, Fort Jackson, SC and Army and Air Force Exchange Service, Dallas, TX - - 1991 FLRAdec CO - - v41 p18

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[ v41 p18 ]
41:0018(2)CO
The decision of the Authority follows:


41 FLRA No. 2

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

AFL-CIO

LOCAL 1909

FORT JACKSON, SOUTH CAROLINA

(Respondent)

and

ARMY AND AIR FORCE EXCHANGE SERVICE

DALLAS, TEXAS

(Charging Party)

4-CO-80046

DECISION AND ORDER

June 4, 1991

Before Chairman McKee and Members Talkin and Armendariz.

I. Statement of the Case

This unfair labor practice case is before the Authority on exceptions to the attached Administrative Law Judge's decision. The Judge found that the Respondent, American Federation of Government Employees, AFL-CIO, Local 1909, had not violated section 7116(b)(5) of Federal Service Labor-Management Relations Statute (the Statute), and recommended that the complaint be dismissed. He based his recommendation on the finding that in the particular circumstances of this case, the Respondent's failure to pay its share of an arbitrator's fee was not a repudiation of the parties' collective bargaining agreement. The Charging Party filed exceptions to the Judge's decision, and the Respondent filed an opposition to the exceptions. The General Counsel did not except to the Judge's decision.

Pursuant to secti