File 3: ALJ's Decision

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Office of Administrative Law Judges

DEPARTMENT OF JUSTICE
FEDERAL BUREAU OF PRISONS
FEDERAL CORRECTIONAL INSTITUTION
ELKTON, OHIO
Respondent

and

AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES
LOCAL 607, AFL-CIO
Charging Party

Case No. CH-CA-04-0345

Jaime Olson
For the General Counsel

Nicole Hogan
For the Respondent

Carl Halt
For the Charging Party

Before:       PAUL B. LANG
Administrative Law Judge

DECISION

Statement of the Case

      On April 22, 2004, the American Federation of Government Employees, Council of Prison Locals, Local 607 (Union) filed an unfair labor practice charge against the Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution, Elkton, Ohio (Respondent). On July 28, 2004, the Acting Regional Director of the Chicago Region of the Federal Labor Relations Authority (Authority) issued a Complaint and Notice of Hearing in which it was alleged that, on or about April 17, 2004, Lieutenant Doug Johnson told Jonathan Bush, a member of the bargaining unit represented by the Union, that he could not allow Bush to work overtime because of the Union. It was further alleged that Johnson's statement was an unfair labor practice i