45:0537(47)CO - - AFGE Local 3475 and Thomas Dupaty, Jr. - - 1992 FLRAdec CO - - v45 p537

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[ v45 p537 ]
45:0537(47)CO
The decision of the Authority follows:


45 FLRA No. 47

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, LOCAL 3475, AFL-CIO

(U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

NEW ORLEANS, LOUISIANA)

(Respondent/Union)

and

THOMAS DUPATY, JR., AN INDIVIDUAL

(Charging Party)

96-CO-10007

DECISION AND ORDER

July 17, 1992

Before Chairman McKee and Members Talkin and Armendariz.

I. Statement of the Case

The Administrative Law Judge issued the attached decision finding that the Respondent violated section 7116(b)(1) and (2) of the Federal Service Labor-Management Relations Statute (the Statute) by attempting to cause an agency to discipline an employee because the employee engaged in activity protected under section 7102 of the Statute. The General Counsel filed an exception only to the Judge's recommended Order. The Respondent 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 and find that no prejudicial error was committed. The rulings are hereby affirmed. Upon consideration of the Judge's decision and the entire record, we adopt the Judge's findings, conclusions and recommended Order, as modified below.

We agree with the General Counsel that the Judge's recommended Order should include a provision requiring the Union to submit copies of the signed Notice to the Office Manager of the Department of Housing and Urban Development (HUD), New Orleans Office for posting where unit employees represented by the Union are located. Such requirement is standard in cases where a union has been found to have committed an unfair labor practice. See, for example, American Federation of Government Employees, Local 3475, AFL-CIO, 44 FLRA 394, 396 (1992), enforced; U.S. Air Force, Loring Air Force Base, limestone, Maine, 43 FLRA 1087, 1103-04 (1992); Department of the Army, Watervliet Arsenal, Watervliet, New York, 39 FLRA 318, 341 (1991). Accordingly, we will modify the Order to require that copies of the Notice be posted where unit employees represented by the Union are located.

II. Order

Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Federal Service Labor-Management Relations Statute, the American Federation of Government Employees, Local 3475, AFL-CIO, shall:

1. Cease and desist from:

(a) Attempting to cause the HUD, New Orleans Office to discriminate against Thomas Dupaty, Jr., or any other employee in the bargaining unit represented by the American Federation of Government Employees (AFGE), Local 3475, AFL-CIO, because the employees have exercised their rights under section 7102 of the Statute.

(b) In any like or related manner interfering with, restraining or coercing unit employees in the exercise of their rights assured by the Federal Service Labor-Management Relations Statute.

2. Take the following affirmative action in order to effectuate the purposes and policies of the Federal Service Labor-Management Relations Statute:

(a) Post at its business offices and in all places where notices to employees in its bargaining unit are customarily posted 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 Union President of AFGE, Local 3475, and shall be posted and maintained for 60 consecutive days thereafter, including bulletin boards and all other places where notices to members and other employees are customarily posted. Respondent's President shall take reasonable steps to insure that such Notices are not altered, defaced, or covered by any other material.

(b) Submit appropriate signed copies of such Notice to the Regional Director of the San Francisco Region, Federal Labor Relations Authority, who will forward them to the HUD, New Orleans Office for posting in conspicuous places where unit employees represented by the Union are located. Copies of the Notice shall be posted and maintained for 60 consecutive days from the date of posting.

(c) Pursuant to section 2423.30 of the Authority's Rules and Regulations, notify the Regional Director, San Francisco 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 OUR MEMBERS AND OTHER EMPLOYEES

AS ORDERED BY THE FEDERAL LABOR RELATIONS AUTHORITY

AND TO EFFECTUATE THE POLICIES OF THE

FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE

WE NOTIFY OUR MEMBERS AND OTHER EMPLOYEES THAT:

WE WILL NOT cause or attempt to cause the HUD, New Orleans Office to discriminate against Thomas Dupaty, Jr., or any other employee in the bargaining unit represented by the American Federation of Government Employees (AFGE), Local 3475, AFL-CIO, because the employees have exercised their rights under section 7102 of the Statute.

WE WILL NOT interfere with, restrain, or coerce employees in the exercise of their rights