45:0755(65)CA - - 410th Combat Support Group, K.I. Sawyer AFB, MI and Karen Bauser - - 1992 FLRAdec CA - - v45 p755

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ALJ's Decision

45 FLRA No. 65

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 did not violate section 7116(a)(1) and (2) of the Federal Service Labor-Management Relations Statute (the Statute) by terminating a probationary employee who had filed a grievance. The Judge recommended that the complaint be dismissed. The General Counsel filed exceptions to the Judge's decision. The Respondent filed an opposition to the exceptions.

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. Upon consideration of the Judge's decision, the exceptions, the opposition, and the entire record, we adopt the Judge's findings, conclusions, and recommended Order.

For the reasons stated by the Judge, we find that although the General Counsel presented evidence sufficient to support an inference that the employee's protected activity was a motivating factor in the Respondent's decision to terminate her, based on the entire record in this case the General Counsel failed to prove, by a preponderance of the evidence, that the employee was terminated in violation of the Statute.*/ Accordingly, we find that the General Counsel has not established that the Respondent violated section 7116(a)(1) and (2) of the Statute.

II. Order

The complaint in this case is dismissed.