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58 FLRA No. 15
U. S. Dept. of Housing and Urban Development Kentucky State Office, Louisville, Kentucky and AFGE, Local 3980, AFL-CIO, Case No. CH-CA-00694 (Decided September 13, 2002)
The complaint alleged that the Respondent violated § 7116(a)(1), (5) and (8) of the Federal Service Labor-Management Relations Statute by failing to furnish information requested by the Union. The Judge granted the General Counsel's motion for summary judgment after the Respondent failed to file a timely response to the complaint and failed to respond to the General Counsel's motion. The Respondent excepted to the finding of a violation and to the Judge's designation of a particular individual to sign the remedial notice. The Authority adopted the Judge's findings, conclusions and recommended Order.
The Authority found that 5 C.F.R. § 2429.5 barred consideration of the Respondent's claims that it had good cause for failing to answer the complaint timely, that its actions were consistent with the parties' agreement and that the Union failed to show a particularized need for the information. The Authority explained that under 5 C.F.R. § 2429.5, it will not consider any issue, which was not presented in the proceedings before the Administrative Law Judge. Here, the Respondent's claims were raised for the first time in its exceptions, thus the claims were not properly before the Authority. Additionally, the Authority found no merit to the Respondent's contention that the Judge erred in directing that the notice to employees be signed by the Respondent's Kentucky State Office Coordinator.