43:1362(110)CA - - Treasury, Customs Service, Southwest Region, Houston, TX and NTEU - - 1992 FLRAdec CA - - v43 p1362
[ v43 p1362 ]
The decision of the Authority follows:
43 FLRA No. 110
FEDERAL LABOR RELATIONS AUTHORITY
U.S. DEPARTMENT OF THE TREASURY
UNITED STATES CUSTOMS SERVICE
SOUTHWEST REGION, HOUSTON, TEXAS
NATIONAL TREASURY EMPLOYEES UNION
DECISION AND ORDER
February 5, 1992
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 Statute (the Statute) by refusing to furnish the Union with information requested under section 7114(b)(4) of the Statute. The Judge also found that the Respondent violated section 7116(a)(1), (5), and (8) of the Statute by failing to respond to the Union's information request in a timely manner.
The General Counsel excepts only to the Judge's recommended order. The Respondent does not except to the Judge's decision and did not file an opposition to the General Counsel's exception.
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. On consideration of the Judge's decision and the entire record, we adopt the Judge's findings, conclusions, and recommended Order, as modified below.
II. General Counsel's Exception
The General Counsel excepts to the Judge's failure to include in the proposed order and notice wording addressing the Respondent's failure to respond timely to the Union's request for information. The General Counsel asserts that the complaint alleged, and the Judge found, separate violations of the Statute based on the Respondent's refusal to provide the requested information and its failure to timely respond to the request for information. The General Counsel requests that the notice and order be modified to reflect the separate violations.
III. Analysis and Conclusion
We agree with the General Counsel that the order and notice should reflect the Judge's finding that the Respondent violated section 7116(a)(1), (5) and (8) of the Statute by failing to respond to the Union's request for information in a timely manner. See, for example, U.S. Department of the Air Force, Ogden Air Logistics Center, Hill Air Force Base, Utah, 36 FLRA 748, 749 (1990) (judge's order modified to conform to judge's findings). We will modify the Judge's recommended order and notice accordingly.
Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Statute, the U.S. Department of the Treasury, U.S. Customs Service, Southwest Region, Houston, Texas, shall:
1. Cease and desist from:
(a) Failing and refusing to respond in a timely manner to requests for information made by the National Treasury Employees Union, the exclusive representative of certain of its employees.
(b) Failing and refusing to furnish the National Treasury Employees Union, the exclusive representative of certain of its employees, information to which it is entitled under the Statute.
(c) In any like or related manner interfering with, restraining or coercing its employees in the exercise of their rights assured by the Statute.
2. Take the following affirmative action in order to effectuate the purposes and policies of the Statute:
(a) Furnish to the National Treasury Employees Union, the exclusive representative of certain of its employees, the information requested in items 5-9 of its letter dated August 28, 1990.
(b) Post at its Southwest Region facilities, 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 Regional Commissioner, 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, Dallas 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.
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 HEREBY NOTIFY OUR EMPLOYEES THAT:
WE WILL NOT fail and refuse to respond in a timely manner to requests for information made by the National Treasury Employees Union, the exclusive representative of certain of our employees.
WE WILL NOT fail