45:0537(47)CO - - AFGE Local 3475 and Thomas Dupaty, Jr. - - 1992 FLRAdec CO - - v45 p537
[ v45 p537 ]
The decision of the Authority follows:
45 FLRA No. 47
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.
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