AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 4000 and ERIC ARVID KRUPP

Other Files: 

Office of Administrative Law Judges

WASHINGTON, D.C.


AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 4000

Respondent

Case No. DE-CO-80520

and

ERIC ARVID KRUPP

Charging Party


Matthew L. Jarvinen

For the General Counsel


Randy Greer

For the Respondent


Before: Eli Nash, Jr.

Administrative Law Judge

SUPPLEMENTAL DECISION AND ORDER


Pursuant to section 2423.31(d) of the Authority's Rules and Regulations the parties jointly moved for a bench decision in the above-captioned case. On April 27, 1999, the undersigned granted the parties motion and found that the Respondent violated section 7116(b)(1) and (8) of the Federal Service Labor-Management Relations Statute (the Statute). (Trs. at 56-57).


REMEDY


In order to complete the Decision in this matter it is necessary for the undersigned to recommend a remedy. (Trs. at 57). Therefore, I supplement the instant Decision by recommending that the Authority adopt the following:


ORDER


Pursuant to section 2423.41(c) of the Authority's Rules and Regulations and section 7118 of the Federal Service Labor-Management Relations Statute, the American Federation of Government Employees, Local 4000, shall:


1. Cease and desist from:


(a) Failing or refusing to fairly represent Eric Arvid Krupp or any other unit employee, through Audwin Whitmore, as required by section 7114(a)(1) of the Statute.


(b) In any like or related manner, interfering with, restraining, or coercing unit employees in the exercise of their rights assured by the Statute.


2. Take the following affirmative action in order to effectuate the purposes and policies of the Statute:


(a) Fairly represent all employees in its unit of exclusive recognition, as required by section 7114(a)(1) of the Statute.


(b) Seek permission from the Federal Prison Camp Nellis, Nellis Air Force Base, to file late grievances concerning Eric Arvid Krupp's request dated March 3, 1998, and if such permission is granted, pursue those grievances with good faith and all due diligence.


(c) If the Federal Prison Camp Nellis, Nellis Air Force Base refuses permission to file any late grievances concerning Eric Arvid Krupp's request dated March 3, 1998, make Eric Arvid Krupp whole by paying an amount equal to the benefits or pay that he would have received had a grievance been timely filed.


(d) Post at its business offices where bargaining unit employees are repv resented by the American Federation of Government Employees, Local 4000, are located, copies of the attached Notice on forms to be furnished by the Federal Labor Relations Authority. Upon receipt of such forms, they shall be signed by the President, American Federation of Government Employees, Local 4000, and shall be posted and maintained for 60 consecutive days thereafter, in conspicuous places, including all bulletin boards and other places where notices to employees are customarily posted. Reasonable steps shall be taken to ensure that such notices are not altered, defaced, or covered by any other material.


(e) Pursuant to section 2423.30 of the Authority's Rules and Regulations, notify the Regional Director, Denver Regional Office, Federal Labor Relations Authority, in writing, within 30 days from the date of this Order as to what steps have been taken to comply.



Issued, Washington, DC, May 6, 1999.


____________________________

Eli Nash, Jr.

Administrative Law Judge


NOTICE TO ALL EMPLOYEES


POSTED BY ORDER OF THE

FEDERAL LABOR RELATIONS AUTHORITY



The Federal Labor Relations Authority has found that the American Federation of Government Employees, Local 4000, has violated the Federal Service Labor-Management Relations Statute, and has ordered us to post and abide by this Notice.


WE HEREBY NOTIFY EMPLOYEES THAT:


WE WILL Not fail or refuse to fairly represent Eric Arvid Krupp or any other unit employee, through Audwin Whitmore or any other American Federation of Government Employees, Local 4000, official as required by section 7114(a)(1) of the Federal Service Labor-Management Relations Statute.


WE WILL NOT in any like or related manner, interfere with, restrain, or coerce employees in the exercise of their rights assured by the Statute.


WE WILL fairly represent all employees in our unit of exclusive recognition, as required by section 7114(a)(1) of the Statute.


WE WILL seek permission from the Federal Prison Camp Nellis, Nellis Air Force Base, to file late grievances concerning Eric Arvid Krupp's request for assistance dated March 3, 1998, and if such permission is granted, pursue those grievances with good faith and all due diligence.

WE WILL if the Federal Prison Camp Nellis, Nellis Air Force Base, refuses to grant permission to file any late grievances concerning Eric Arvid Krupp's request dated March 3, 1998, make Eric Arvid Krupp whole by paying an amount equal to the benefits or pay he would have received had a grievance been timely filed.


________________________________

(Agency)


Dated: ____________ By: ____________________________

(Signature) (Title)



This Notice must remain posted for 60 consecutive days from the date of posting and must not be altered, defaced, or covered by any other material.


If employees have any questions concerning this Notice or compliance with its provisions, they may communicate directly with the Regional Director, Denver Regional Office, Federal Labor Relations Authority, whose address is: 1244 Speer Boulevard, Suite 100, Denver, CO 80204, and whose telephone number is: (303)844-5226.