41:0039(4)CA - - SSA and AFGE, National Council of Payment Center Locals - - 1991 FLRAdec CA - - v41 p39

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[ v41 p39 ]
41:0039(4)CA
The decision of the Authority follows:


41 FLRA No. 4

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

SOCIAL SECURITY ADMINISTRATION

BALTIMORE, MARYLAND

(Respondent)

AND

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO

NATIONAL COUNCIL OF PAYMENT CENTER LOCALS

(Charging Party/Union)

2-CA-10109

DECISION AND ORDER

June 6, 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), (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 and recommended that the Respondent be ordered to take appropriate remedial action. The Respondent filed exceptions to the Judge's decision. The General Counsel did not file an opposition to the Respondent'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, it is hereby ordered that the Social Security Administration, Baltimore, Maryland, shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the American Federation of Government Employees, AFL-CIO, National Council of Payment Center Locals, the exclusive representative of certain of its employees, the names and home addresses of 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 Federal Service Labor-Management Relations 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 American Federation of Government Employees, AFL-CIO, National Council of Payment Center Locals, the exclusive representative of certain of its employees, the names and home addresses of employees in the bargaining unit it represents.

(b) Post at its facilities where bargaining unit employees represented by American Federation of Government Employees, AFL-CIO, National Council of Payment Center Locals are located, 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 Commissioner of the Social Security Administration, 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, Boston Regional Office, Federal Labor Relations Authority, 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 American Federation of Government Employees, AFL-CIO, National Council of Payment Center Locals, the exclusive representative of certain of our employees, the names and home addresses of the 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 rights assured them by the Federal Service Labor-Management Relations Statute.

WE WILL furnish the American Federation of Government Employees, AFL-CIO, National Council of Payment Center Locals, the exclusive representative of certain of our employees, the names and home addresses of the employees in the bargaining unit it represents.

(Agency)

DATED: By:

(Signature) (Title)

This Notice must remain posted for 60 consecutive days from the date of posting and must not be altered, defaced or covered by any other material.

If employees have any questions concerning this Notice or compliance with any of its provisions, they may communicate directly with the Regional Director, Boston Regional Office, Federal Labor Relations Authority, whose address is: 10 Causeway Street, Room 1017A, Boston, MA, 02222-1046, and whose telephone number is (617) 565-7280.




FOOTNOTES:
(If blank, the decision does not have footnotes.)