Social Security Administration, Albuquerque, New Mexico (Respondent) and American Federation of Government Employees, Local 4041 (Charging Party)

[ v56 p651 ]

56 FLRA No. 105

SOCIAL SECURITY ADMINISTRATION
ALBUQUERQUE, NEW MEXICO
(Respondent)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 4041
(Charging Party)

DA-CA-90509
DA-CA-90515

_____

DECISION AND ORDER

September 19, 2000

_____

Before the Authority: Donald S. Wasserman, Chairman and Dale Cabaniss, Member.

I.     Statement of the Case

      This unfair labor practice case is before the Authority on exceptions to the attached decision of the Administrative Law Judge in Case No. DA-CA-90515 filed by the Respondent. [n1]  The General Counsel filed an opposition to the exceptions.

      The Judge concluded that the Respondent violated sections 7114(a)(2)(B), 7116(a)(1), and (8) of the Federal Service Labor-Management Relations Statute by holding an investigatory examination of a bargaining unit employee without providing the employee Union representation, as requested.

      Upon consideration of the Judge's decision, the Respondent's exceptions, and the entire record, we adopt the Judge's findings, conclusions, and recommended Order. [n2] 

II.     Order

      Pursuant to section 2423.41(c) of the Authority's Regulations and section 7118 of the Federal Service Labor-Management Relations Statute, the Social Security Administration, Albuquerque, New Mexico, shall:

      1.     Cease and desist from:

           a)     Requiring any bargaining unit employee to take part in any examination in connection with an investigation, without union representation when such representation has been requested by the bargaining unit employee and the bargaining unit employee reasonably believes that the examination may result in disciplinary action.

           (b)     In any like or related manner, interfering with, restraining, or coercing bargaining unit 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)     Provide bargaining unit employees union representation when requested, in accordance with section 7114(a)(2)(B) of the Statute, at any investigatory examination.

           (b)     Post at its facilities where bargaining unit employees represented by the American Federation of Government Employees, Local 4041 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 Director of the Social Security Administration, Albuquerque, New Mexico, 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 ensure that such Notices are not altered, defaced, or covered by any other material.

           (c)     Pursuant to section 2423.41(e) of the Authority's Regulations, notify the Regional Director, Dallas Regional Office, Federal Labor Relations Authority, in writing within 30 days from the date of this Order, as to what steps have been taken to comply. [ v56 p652 ]


NOTICE TO ALL EMPLOYEES
POSTED BY ORDER OF THE
FEDERAL LABOR RELATIONS AUTHORITY

The Federal Labor Relations Authority has found that the Social Security Administration, Albuquerque, New Mexico, violated the Federal Service Labor-Management Relations Statute, and has ordered us to post and abide by this Notice.

We hereby notify bargaining unit employees that:

WE WILL NOT require any bargaining unit employee to take part in any examination in connection with an investigation without union representation when such representation has been requested by the employee and the employee reasonably believes that the examination may result in disciplinary action.

WE WILL NOT, in any like or related manner, interfere with, restrain, or coerce bargaining unit employees in the exercise of their rights assured by the Federal Service Labor-Management Relat