United States, Department of Defense, Defense Contract Management Agency, Defense Contract Management Agency, East Indianapolis, Indiana (Respondent) and American Federation of Government Employees, Local 2121, AFL-CIO (Charging Party/Union)

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59 FLRA No. 34

UNITED STATES
DEPARTMENT OF DEFENSE
DEFENSE CONTRACT
MANAGEMENT AGENCY,
DEFENSE CONTRACT
MANAGEMENT AGENCY
EAST INDIANAPOLIS, INDIANA
(Respondent)

and

AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES
LOCAL 2121, AFL-CIO
(Charging Party/Union)

CH-CA-01-0652

_____

DECISION AND ORDER

September 25, 2003

_____

Before the Authority: Dale Cabaniss, Chairman, and
Carol Waller Pope and Tony Armendariz, Members [n1] 

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 complaint alleges that the Respondent violated § 7116(a)(1) and (8) of the Federal Service Labor-Management Relations Statute (the Statute) by holding formal discussions with a bargaining unit employee concerning the mediation of his formal equal employment opportunity (EEO) complaint, without affording the Union notice and an opportunity to be represented as required by § 7114(a)(2)(A) of the Statute. [n2] The Judge decided the case on a stipulated record and applying Authority precedent, concluded that the Respondent violated the Statute as alleged.

      Consistent with the Authority's decision in United States Dep't of the Air Force, Luke Air Force Base, Ariz., 58 FLRA 528 (2003) (Chairman Cabaniss dissenting) and upon consideration of the Judge's decision and the entire record, we adopt the Judge's findings, conclusions, and recommended Order.

II.      Order

      Pursuant to § 2423.41(c) of our Regulations and § 7118 of the Federal Service Labor-Management Relations Statute, United States Department of Defense, Defense Contract Management Agency, Defense Cont