61 FLRA No. 4

U. S. DEPT. OF AGRICULTURE, FOOD AND NUTRITION SERVICE, ALEXANDRIA, VIRGINIA and NTEU, CASE NO.  WA-CA-04-0160 (June 8, 2005)

The complaint alleged that the Respondent violated § 7116(a)(1) and (2) of the Federal Service Labor-Management Relations Statute  by terminating a probationary employee in retaliation for her exercise of protected activity. The Judge found that the Respondent violated the Statute as alleged, and ordered the Respondent to offer the employee reinstatement and make her whole. The Authority concluded that the Respondent did not commit an unfair labor practice. The Authority found that an inference of discriminatory motive based on alleged disparate treatment was not warranted and that a prima facie case was not established, the complaint was dismissed..