44:1537(117)CA - - National Park Service, National Capital Region, and Police Asso. of the District of Columbia - - 1992 FLRAdec CA - - v44 p1537



[ v44 p1537 ]
44:1537(117)CA
The decision of the Authority follows:


44 FLRA No. 117

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

NATIONAL PARK SERVICE

NATIONAL CAPITAL REGION

UNITED STATES PARK SERVICE

(Respondent)

and

POLICE ASSOCIATION OF THE

DISTRICT OF COLUMBIA

(Charging Party/Union)

3-CA-60168
3-CA-60182
3-CA-60183
3-CA-60288
38 FLRA 1027 (1990)
32 FLRA 308 (1988)
26 FLRA 441 (1987)

DECISION AND ORDER ON REMAND

May 29, 1992

Before Chairman McKee and Members Talkin and Armendariz.

I. Statement of the Case

This case is before the Authority pursuant to a remand from the United States Court of Appeals for the District of Columbia Circuit in National Labor Relations Board v. FLRA, 952 F.2d 523 (D.C. Cir. 1992) (NLRB v. FLRA). The complaint alleges that the Respondent violated section 7116(a)(1), (5), and (8) of the Federal Service Labor-Management Relations Statute (the Statute) by refusing to furnish the Union with certain information requested under section 7114(b)(4) of the Statute. For the following reasons, we conclude that the complaint must be remanded to the Administrative Law Judge for further proceedings.

II. Background

The Union is the exclusive representative of a unit of employees of the United States Park Police. In connection with the Union's processing of grievances filed on behalf of unit employees, the Union requested information under section 7114(b)(4) of the Statute. As relevant here, the Respondent refused to furnish documents or portions of documents containing recommendations, concurrences, or opinions of supervisors or managers relating to certain disciplinary actions and sick leave requests.

Based on a stipulated record, the Authority concluded in National Park Service, National Capital Region, United States Park Police, 26 FLRA 441 (1987) (<