U.S. DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION LAKEWOOD, COLORADO and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 3824

UNITED STATES OF AMERICA

FEDERAL LABOR RELATIONS AUTHORITY

Office of Administrative Law Judges

WASHINGTON, D.C. 20424-0001

U.S. DEPARTMENT OF ENERGY

WESTERN AREA POWER ADMINISTRATION

LAKEWOOD, COLORADO

Respondent

and

AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, LOCAL 3824

Charging Party

Case No. DE-CA-00482

NOTICE OF TRANSMITTAL OF DECISION

The above-entitled case having been heard before the undersigned Administrative Law Judge pursuant to the Statute and the Rules and Regulations of the Authority, the under-signed herein serves his Decision, a copy of which is attached hereto, on all parties to the proceeding on this date and this case is hereby transferred to the Federal Labor Relations Authority pursuant to 5 C.F.R. § 2423.34(b).

PLEASE BE ADVISED that the filing of exceptions to the attached Decision is governed by 5 C.F.R. §§ 2423.40-2423.41, 2429.12, 2429.21-2429.22, 2429.24-2429.25, and 2429.27.

Any such exceptions must be filed on or before

OCTOBER 10, 2001, and addressed to:

Federal Labor Relations Authority

Office of Case Control

607 14th Street, NW., Suite 415

Washington, DC 20424-0001

ELI NASH

Chief Administrative Law Judge

Dated: September 10, 2001

Washington, DC


UNITED STATES OF AMERICA

FEDERAL LABOR RELATIONS AUTHORITY

Office of Administrative Law Judges

WASHINGTON, D.C. 20424-0001

MEMORANDUM DATE: September 10, 2001

TO: The Federal Labor Relations Authority

FROM: ELI NASH

CHIEF ADMINISTRATIVE LAW JUDGE

SUBJECT: U.S. DEPARTMENT OF ENERGY

WESTERN AREA POWER ADMINISTRATION

LAKEWOOD, COLORADO

Respondent

and Case No. DE-CA-00482

AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, LOCAL 3824

Charging Party

Pursuant to section 2423.34(b) of the Rules and Regulations, 5 C.F.R. § 2423.34(b), I am hereby transferring the above case to the Authority. Enclosed are copies of my Decision, the service sheet, and the transmittal form sent to the parties. Also enclosed are the transcript, exhibits, and any briefs filed by the parties.

Enclosures


FEDERAL LABOR RELATIONS AUTHORITY

Office of Administrative Law Judges OALJ 01-59

WASHINGTON, D.C.

U.S. DEPARTMENT OF ENERGY

WESTERN AREA POWER ADMINISTRATION

LAKEWOOD, COLORADO

Respondent

and

AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, LOCAL 3824

Charging Party

Case No. DE-CA-00482

John A. Bremer, Esquire

Douglas N. Harness, Esquire

For the Respondent

Matthew L. Jarvinen, Esquire

Sue T. Kilgore, Esquire

For the General Counsel of the FLRA

Before: ELI NASH

Chief Administrative Law Judge

DECISION AND ORDER CLOSING RECORD

AND

REMANDING CASE TO REGIONAL DIRECTOR

A hearing opened in this matter in Denver, Colorado on May 31, 200l. The hearing remained open in order to allow Respondent an opportunity to produce two witnesses. Subsequently, on September 7, 200l the Regional Director, Denver Regional Office requested permission to withdraw the complaint because an informal settlement agreement was reached in the matter.

Accordingly, the record in this matter is closed and the captioned-case is remanded to the Regional Director, Denver Regional Office to take whatever action deemed necessary in order to effectuate the purposes and policies of the Statute.

Issued, Washington, DC, September 10, 2001.

______________________________ ELI NASH

Chief Administrative Law Judge


CERTIFICATE OF SERVICE

I hereby certify that copies of this DECISION AND ORDER CLOSING RECORD AND REMANDING CASE TO REGIONAL DIRECTOR issued by ELI NASH, Chief Administrative Law Judge, in Case

No. DE-CA-00482, were sent to the following parties:

________________________________

CERTIFIED MAIL AND RETURN RECEIPT CERTIFIED NOS:

Matthew L. Jarvinen, Esq. 7000 1670 0000 1175 0832

Sue T. Kilgore, Esq.

Counsel for the General Counsel

Federal Labor Relations Authority

1244 Speer Boulevard, Suite 100

Denver, CO 80204

John A. Bremer, Esq. 7000 1670 0000 1175 0825

Douglas N. Harness, Esq.

Western Area Power Administration

12155 W. Alameda Pkwy.

P.O. Box 281213

Lakewood, CO 80228

REGULAR MAIL:

President

AFGE, AFL-CIO