47:0459(38)CA - - Customs Service, Pacific Region and NTEU - - 1993 FLRAdec CA - - v47 p459

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[ v47 p459 ]
47:0459(38)CA
The decision of the Authority follows:


47 FLRA No. 38

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

UNITED STATES CUSTOMS SERVICE

PACIFIC REGION

(Respondent)

and

NATIONAL TREASURY EMPLOYEES UNION

(Charging Party/Union)

SA-CA-20052

_____

DECISION AND ORDER

April 20, 1993

_____

Before Chairman McKee and Members Talkin and Armendariz.

I. Statement of the Case

This unfair labor practice case is before the Authority on exceptions filed by the Respondent to the attached decision of the Administrative Law Judge. The General Counsel filed an opposition to the Respondent's exceptions.

The complaint alleged that the Respondent violated section 7116(a)(1) of the Federal Service Labor-Management Relations Statute (the Statute) when a supervisor made a statement to an employee indicating that the employee's career would be ruined if she provided a written statement on behalf of another employee faced with a proposed termination. The Judge found that the Respondent violated the Statute as alleged.

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 and the entire record, we adopt the Judge's findings,(1) conclusions, and recommended Order.(2)

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 United States Customs Service, Pacific Region shall:

1. Cease and desist from:

(a) Interfering with, restraining, and coercing its bargaining unit employees by making statements to employees indicating that providing a written statement on behalf of another employee faced with a proposed termination could ruin an employee's career.

(b) In any like or related manner, interfering with, restraining, or coercing its employees in the exercise of the rights assured them 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 Pacific Region, Los Angeles, California, 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 Regional Commissioner and shall be posted and maintained for 60 consecutive days thereafter, in conspicuous places, including all bulletin boards and other places where notices to employees are customarily posted. Reasonable steps shall be taken to en