43:0748(60)CA - - HUD and AFGE Local 476 - - 1991 FLRAdec CA - - v43 p748

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43:0748(60)CA
The decision of the Authority follows:


43 FLRA No. 60

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

(Respondent)

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 476, AFL-CIO

(Charging Party/Union)

3-CA-10256

DECISION AND ORDER

December 20, 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 decision of the Administrative Law Judge filed by the Respondent. No opposition was filed to the Respondent's exceptions.

The complaint alleged that Respondent violated section 7116(a)(1), (5), and (8) of the Federal Service Labor-Management Relations Statute (the Statute) when the Respondent failed and refused to furnish the Union with crediting plans and bench marks requested regarding three vacancy announcements in the Office of Public and Indian Housing. The Judge found that the Respondent did not violate the Statute with regard to the bench marks. The Judge further found that the Respondent violated section 7116(a)(1), (5), and (8) of the Statute by failing and refusing to make the crediting plans available to the Union.

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 and find that no prejudicial error was committed. We affirm the rulings. Upon consideration of the Judge's decision, the Respondent's exceptions, and the entire record, we adopt the Judge's findings, conclusions, and recommended Order as modified.(*) See U.S. Department of Housing and Urban Development, 42 FLRA 1002 (1991) (the Authority adopted the administrative law judge's decision that the agency violated section 7116(a)(1), (5), and (8) of the Statute by refusing to provide the union with data, including a crediting plan, regarding a vacancy announcement); and U.S. Department of Justice, Bureau of Prisons, Allenwood Federal Prison Camp, Montgomery, Pennsylvania, 40 FLRA 449 (1991) (the Authority found that the agency violated section 7116(a)(1), (5), and (8) of the Statute by refusing to release a copy of a specific crediting plan to the union for a potential grievance), petition for review filed sub nom. U.S. Department of Justice, Bureau of Prisons, Allenwood Federal Prison Camp, Montgomery, Pennsylvania v. FLRA, No. 91-1293 (D.C. Cir. June 21, 1991).

The Respondent argues that the Judge erroneously ordered the Respondent to disclose the crediting plans for the vacancy