44:1542(119)CA - - Air Force, Sacramento Air Logistics Center, McClellan AFB, CA and AFGE Local 1857 - - 1992 FLRAdec CA - - v44 p1542



[ v44 p1542 ]
44:1542(119)CA
The decision of the Authority follows:


44 FLRA No. 119

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

 

DEPARTMENT OF THE AIR FORCE

SACRAMENTO AIR LOGISTICS CENTER

MCCLELLAN AIR FORCE BASE, CALIFORNIA

(Respondent/Agency)

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 1857

(Charging Party/Union)

9-CA-80341
38 FLRA 965 (1990)

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 a document requested under section 7114(b)(4) of the Statute. For the following reasons, we conclude that the complaint must be remanded to the Chief Administrative Law Judge(*) for further proceedings.

II. Background

As set forth in more detail in the Authority's previous decision in this case, Department of the Air Force, Sacramento Air Logistics Center, McClellan Air Force Base, California, 38 FLRA 965, 966-67 (1990) (McClellan AFB), an Agency regulation requires the Respondent to circulate among various supervisors and management officials files relating to proposed disciplinary actions. Attached to a proposed discipline file is a coordination sheet, which provides space for such officials to make comments on the proposed disciplinary action. In connection with its processing of a grievance on behalf of a unit employee who was disciplined, the