46:0535(51)CA - - Army Aviation Center and Fort Rucker, Fort Rucker, AL and AFGE Local 1815 - - 1992 FLRAdec CA - - v46 p535

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[ v46 p535 ]
46:0535(51)CA
The decision of the Authority follows:


46 FLRA No. 51

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

U.S. DEPARTMENT OF THE ARMY

U.S. ARMY AVIATION CENTER

AND

FORT RUCKER

FORT RUCKER, ALABAMA

(Respondents)

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 1815

(Charging Party/Union)

4-CA-10691

_____

DECISION AND ORDER

November 13, 1992

_____

Before Chairman McKee and Members Talkin and Armendariz.

I. Statement of the Case

The Administrative Law Judge issued the attached decision in the above-entitled proceeding, finding that the Respondents violated section 7116(a)(1) and (2) of the Federal Service Labor-Management Relations Statute (the Statute) by discriminating against an employee Union official in the establishment of procedures by which the employee could be reassigned in a reduction in force. The Judge dismissed other aspects of the complaint. The Respondents filed exceptions to the Judge's decision and the General Counsel 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 that 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, and the entire record, we adopt the Judge's findings, conclusions, and recommended Order.

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 U.S. Army Aviation Center and Fort Rucker, Fort Rucker, Alabama, shall:

1. Cease and desist from:

(a) Encouraging or discouraging membership in a labor organization by discrimination in connection with hiring, tenure, promotion, or other conditions of employment.

(b) Imposing on Ms. Stella Swearingen, or any other bargaining unit employee, any discriminatory requirement in connection with reassignments during a reduction in force.

(c) In any like or related manner, interfering with, restraining, or coercing their employees in the exercise of their rights assured by the Statute.

2. Take the following affirmative action in order to effectuate the purposes and policies of the Statute:

(a) Post at its facilities at the Aviation Center, Fort Rucker, Alabama, where bargaining unit employees are located, 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 Commanding Officer of the Aviation Center and shall be posted in conspicuous places, including all bull