41:0496(47)CA - - HHS, Health Care Financing Administration and AFGE Local 1923 - - 1991 FLRAdec CA - - v41 p496

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[ v41 p496 ]
41:0496(47)CA
The decision of the Authority follows:


41 FLRA No. 47

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES

HEALTH CARE FINANCING ADMINISTRATION

(Respondent)

AND

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 1923, AFL-CIO

(Charging Party)

3-CA-10176

DECISION AND ORDER

June 28, 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 U.S. Department of Health and Human Services, Health Care Financing Administration shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the American Federation of Government Employees, Local 1923, AFL-CIO, 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, Local 1923, AFL-CIO, 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, Local 1923, AFL-CIO are located, copies of the attached Notice on forms to be furnished by th