[ v60 p995 ]

Gerald M. Greene
For the General Counsel

DeWayne Wicks
For the Respondent

Ivan LeBron
For the Charging Party

Before: PAUL B. LANG
Administrative Law Judge

Statement of the Case

      On July 6, 2004, the American Federation of Government Employees, Local 2012 (Union) filed an unfair labor practice charge against the U.S. Department of Homeland Security, Border and Transportation Security Directorate, Bureau of Immigration and Customs Enforcement, Philadelphia District, Philadelphia, Pennsylvania (Respondent). On October 29, 2004, the Regional Director of the Boston Region of the Federal Labor Relations Authority (Authority) issued a Complaint and Notice of Hearing in which it was alleged that the Respondent committed an unfair labor practice in violation of §§7121, 7122 and 7116(a)(1) and (8) of the Federal Service Labor-Management Relations Statute (Statute) by failing to comply with a final and binding arbitration award. The Complaint and Notice of Hearing included a notice to the Respondent that its answer was to be filed in person or by mail no later than November 23, 2004.

      On December 13, 2004, the General Counsel filed a Motion for Summary Judgment on the grounds that the Respondent has not filed an answer [n1]  and that its failure to do so constitutes