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
DEPARTMENT OF DEFENSE
EAST INDIANAPOLIS, INDIANA
OF GOVERNMENT EMPLOYEES
LOCAL 2121, AFL-CIO
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.
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