41:0339(37)CA - - HHS, SSA, Baltimore, MD and AFGE - - 1991 FLRAdec CA - - v41 p339

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[ v41 p339 ]
41:0339(37)CA
The decision of the Authority follows:


41 FLRA No. 37

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES

SOCIAL SECURITY ADMINISTRATION

BALTIMORE, MARYLAND

(Respondent)

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

AFL-CIO

(Charging Party)

8-CA-00048

8-CA-00077

DECISION AND ORDER

June 25, 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) in Case No. 8-CA-00048 by refusing to furnish the Union with requested information under section 7114(b)(4) of the Statute. The Administrative Law Judge further found that the Respondent violated section 7116(a)(1) and (5) in Case No. 8-CA-00077 by refusing to bargain with the Union about the impact and implementation of the relocation of Respondent's Teleservice Center in San Diego, California.

The Respondent filed exceptions only to the decision and order in Case No. 8-CA-00077. The General Counsel filed an opposition to the Respondent'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. We affirm those 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 Statute, the Department of Health and Human Services, Social Security Administration, Baltimore, Maryland shall:

1. Cease and desist from:

(a) Failing or refusing to furnish the American Federation of Government Employees, AFL-CIO, the exclusive representative of its employees, information that was requested on October 19, 1989, by memorandum, concerning the relocation of the San Diego Teleservice Center and any other information that is reasonably available and necessary and relevant for full and proper discussion, understanding and negotiation of subjects within the scope of collective bargaining.

(b) Failing and refusing to negotiate to the extent of its discretion with American Federation of Government Employees, AFL-CIO, over the impact and implementation of the relocation of the San Diego Teleservice Center.

(c) In any like or rel