United States Department of Housing and Urban Development, Washington, D.C. (Respondent) and American Federation of Government Employees, Local 3475 (Charging Party/Union)

[ v57 p106 ]

57 FLRA No. 29

UNITED STATES DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT
WASHINGTON, D.C.
(Respondent)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 3475
(Charging Party/Union)

DA-CA-90742  [n1] 

_____

DECISION AND ORDER

May 11, 2001

_____

Before the Authority: Dale Cabaniss, Chairman; Donald S. Wasserman and Carol Waller Pope, Members

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 filed by the General Counsel. The Respondent filed an opposition to the exceptions.

      The complaint alleges that the Respondent violated § 7116(a)(1), (5) and (8) of the Federal Service Labor-Management Relations Statute (the Statute) by failing to respond to an information request submitted by the Union and failing to provide the Union with the information requested. The Judge dismissed the complaint for want of prosecution.

      Upon consideration of the Judge's decision and the entire record, we find, for the reasons stated in 57 FLRA No. 28 (2001), that the complaint should be remanded to the Chief Judge, for further action consistent with that decision. [n2] 

II.     Order

      The complaint in case No. DA-CA-90742 is reinstated, and the matter is hereby remanded to the Chief Administrative Law Judge for assignment to a different administrative law judge.


Office of Administrative Law Judges

UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WASHINGTON, D.C.
Respondent

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 3475
Charging Party

Case No. DA-CA-90742

Mary Larson, Esquire
Shannon W. Rivers
For the General Counsel

Mary C. Merchant
For the Respondent

Dorothy Pleasant
For the Charging Party

Before: WILLIAM B. DEVANEY
Administrative Law Judge

DECISION

Statement of the Case

      This case was set for hearing at 0900 in New Orleans, Louisiana, on October 13, 2000. Counsel for Respondent, President of the Charging Party, witnesses, Court Reporter and the undersigned were present prior to the scheduled time of the hearing. At about 0900, the Regional Attorney, Ms. Charlotte A. Dye, called the undersigned to report that one of the attorneys for General Counsel, Ms. Larson, had become ill and the other attorney for General Counsel, Ms. Rivers, had taken her to a hospital. The undersigned told the Regional Attorney to send Ms. Rivers to try the cases as soon as possible. The Regional Attorney moved for a continuance which was denied. The undersigned emphasized to the Regional Attorney that the hospital staff would take care of Ms. Larson; that Ms. Rivers could do nothing for her; and that it would be an unwarranted imposition on Respondent, Charging Party, the witnesses, the Court Reporter and the undersigned not to utilize the services of the other attorney, Ms. Rivers, who was present in New Orleans for the express purpose of trying these cases. It was agreed that the opening of the hearing would be delayed until noon. At about 11:30 a.m. the Regional Attorney called and steadfastly refused to send Ms. Rivers to the hearing and conceded that I would have to dismiss this case for want of prosecution. I went on the record, recited the refusal of the Regional Attorney to use an available attorney to try the case, offered Charging Party the right to proceed without the General Counsel, which Ms. Pleasant, President of Local 3475, declined and, because General Counsel refused to prosecute, dismissed the complaint.

      ______________________

      WILLIAM B. DEVANEY
Administrative Law Judge

Issued      October 23, 2000
     Washington, DC



Footnote # 1 for 57 FLRA No. 29 - Authority's Decision

   This case was scheduled for hearing with two other cases, DA-CA-00106 and DA-CA-00452. Decisions in those cases are rendered today as well, as 57 FLRA No. 28 and 57 FLRA No. 30.


Footnote # 2 for 57 FLRA No. 29 - Authority's