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59 FLRA No. 33
Social Security Administration, Regional Office of Quality Assurance Boston, Massachusetts and AFGE, Local 3760, AFL-CIO, Case Nos. BN-CA-00464, BN- CA-01-0433 (Decided September 24, 2003)
In Case No. BN-CA-00464 the Judge found that the Respondent violated § 7116(a)(1) and (2) of the Federal Service Labor-Management Relations Statute by refusing to nominate for an award any employee who participated in a Union-sponsored survey. The Judge recommended dismissing the complaint in Case No. BN-CA-01-0433, which alleged that a management official made a disparaging comment about an employee who was a Union steward, and discriminated against an employee in the awards process because the employee had engaged in protected activity by filing an unfair labor practice charge.
The Authority adopted the Judge's decision in Case Nos. BN-CA-00464 and BN-CA-01-0433 and found that the Respondent violated the Statute as alleged in Case No. BN-CA-00464, but did not violate the Statute in Case No. BN-CA-01-0433. The Authority noted that the Judge did not fail to apply the applicable analytical framework for determining whether the Respondent engaged in discriminatory or retaliatory actions.