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58 FLRA No. 6

UNITED STATES
DEPARTMENT OF THE AIR FORCE
RANDOLPH AIR FORCE BASE
SAN ANTONIO, TEXAS
(Respondent)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1840, AFL-CIO
(Charging Party)

DA-CA-00630

_____

DECISION AND ORDER

August 30, 2002

_____

Before the Authority: Dale Cabaniss, Chairman, and
Carol Waller Pope and Tony Armendariz, 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 (Judge) filed by the Respondent. The General Counsel filed an opposition to the exceptions.

      The Judge concluded that the Respondent violated § 7116(a)(1) of the Federal Service Labor-Management Relations Statute by denying the Charging Party's request to distribute a Union newsletter in non-work areas during non-work time. [n*] 

      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.

II.     Order

      Pursuant to § 2423.41(c) of the Authority's Regulations and § 7118 of the Federal Service Labor-Management Relations Statute (the Statute), the United States Department of the Air Force, Randolph Air Force Base, San Antonio, Texas, shall:

      1.      Cease and desist from:

           (a)     Interfering with employees' protected rights under the Statute by disapproving the distribution of the American Federation of Government Employees, Local 1840's Winter 2000 (Issue 1) newsletter to non-appropriated fund (NAF) employees in non-work areas during non-work times.

           (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)     Permit employees to distribute copies of the Winter 2000 (Issue 1) newsletter to NAF employees in non-work areas during non-work times.