47:1376(128)CA - - SSA and NTEU and AFGE, - - 1993 FLRAdec CA - - v47 p1376

47 FLRA No. 128

Before Chairman McKee and Members Talkin and Armendariz.

I. Statement of the Case

This case is before the Authority on remand from the United States Court of Appeals for the District of Columbia Circuit in National Treasury Employees Union v. FLRA, 986 F.2d 537 (D.C. Cir. 1993) (NTEU v. FLRA). The complaint alleges that the Respondent violated section 7116(a)(1) and (3) of the Federal Service Labor-Management Relations Statute (the Statute) by denying the Charging Party's requests for a permit for non-employee organizers to distribute literature in the public areas of the Respondent's headquarters. The complaint also alleges that, by denying the Charging Party's requests for a permit and by granting applications for permits to other members of the public, the Respondent discriminatorily applied a no-distribution rule to the Charging Party's non-employee organizers. For the following reasons, we conclude that the complaint must be remanded to the Regional Director for appropriate action.