43:0530(47)CA - - Justice, Litigation Division and Office of the Solicitor General, Washington, DC and AFSCME Council 26 - - 1991 FLRAdec CA - - v43 p530
[ v43 p530 ]
The decision of the Authority follows:
43 FLRA No. 47
FEDERAL LABOR RELATIONS AUTHORITY
U.S. DEPARTMENT OF JUSTICE
LITIGATING DIVISIONS AND
OFFICE OF THE SOLICITOR GENERAL
AMERICAN FEDERATION OF STATE
COUNTY AND MUNICIPAL EMPLOYEES
December 19, 1991
DECISION AND ORDER
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 did not violate section 7116(a)(1) of the Federal Service Labor-Management Relations Statute (the Statute) because the Respondent had not, as alleged, unlawfully interrogated an employee. The Judge recommended that the complaint be dismissed. The General Counsel filed exceptions to the Judge's decision. The Respondent did not file an opposition to the General Counsel's exceptions.
The General Counsel excepts to the credibility resolutions of the Judge on which his findings of fact are based. The demeanor of witnesses is an important factor in resolving issues of credibility. Only the Judge has had the benefit of observing the witnesses while they testified. We will not overrule a judge's determination regarding credibility of witnesses unless a clear preponderance of all the relevant evidence demonstrates that the determination was incorrect. We have examined the record carefully and find no basis for reversing the Judge's credibility findings. Department of the Air Force, Sacramento Air Logistics Center, McClellan Air Force Base, California, 35 FLRA 345, 346 n.1 (1990).