International Federation of Federal Police, Local 41, San Francisco, California (Respondent) and Wayne D. Thurber (Complainant)

 1 FLRA No. 24
 
 INTERNATIONAL FEDERATION OF FEDERAL POLICE,
 LOCAL 41, SAN FRANCISCO, CALIFORNIA
 Respondent
 
 and
 
 WAYNE D. THURBER
 Complainant
 
                                            Assistant Secretary
                                            Case No. 70-6382(CO)
 
                            DECISION AND ORDER
 
    ON JANUARY 24, 1979, ADMINISTRATIVE LAW JUDGE HARRY B. LASKY ISSUED
 HIS RECOMMENDED DECISION AND ORDER IN THE ABOVE ENTITLED PROCEEDING
 RECOMMENDING THAT THE COMPLAINT BE DISMISSED IN ITS ENTIRETY BASED ON
 THE COMPLAINANT'S LACK OF PROSECUTION.  NO EXCEPTIONS WERE FILED TO THE
 ADMINISTRATIVE LAW JUDGE'S RECOMMENDED DECISION AND ORDER.
 
    THE FUNCTIONS OF THE ASSISTANT SECRETARY OF LABOR FOR
 LABOR-MANAGEMENT RELATIONS, UNDER EXECUTIVE ORDER 11491, AS AMENDED,
 WERE TRANSFERRED TO THE AUTHORITY UNDER SECTION 304 OF REORGANIZATION
 PLAN 2 OF 1978 (43 F.R. 36040), WHICH TRANSFER OF FUNCTIONS IS
 IMPLEMENTED BY SECTION 2400.2 OF THE AUTHORITY'S TRANSITION RULES AND
 REGULATIONS (44 F.R. 7).  THE AUTHORITY CONTINUES TO BE RESPONSIBLE FOR
 THE PERFORMANCE OF THESE FUNCTIONS AS PROVIDED IN SECTION 7135(B) OF THE
 FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (92 STAT. 1215).
 
    THEREFORE, PURSUANT TO SECTION 2400.2 OF THE AUTHORITY'S TRANSITION
 RULES AND REGULATIONS AND SECTION 7135(B) OF THE STATUTE, THE AUTHORITY
 HAS REVIEWED THE RULINGS OF THE ADMINISTRATIVE LAW JUDGE MADE AT THE
 HEARING AND FINDS THAT NO PREJUDICIAL ERROR WAS COMMITTED.  THE RULINGS
 ARE HEREBY AFFIRMED.  UPON CONSIDERATION OF THE ADMINISTRATIVE LAW
 JUDGE'S RECOMMENDED DECISION AND ORDER AND THE ENTIRE RECORD IN THE
 SUBJECT CASE, AND NOTING PARTICULARLY THAT NO EXCEPTIONS WERE FILED, THE
 AUTHORITY HEREBY ADOPTS THE ADMINISTRATIVE LAW JUDGE'S FINDINGS,
 CONCLUSIONS AND RECOMMENDATIONS.  /1/
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE COMPLAINT IN ASSISTANT SECRETARY CASE
 NO. 70-6382(CO) BE, AND IT HEREBY IS, DISMISSED.
 
    ISSUED, WASHINGTON, D.C., APRIL 25, 1979
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
                            DECISION AND ORDER
 
    PURSUANT TO A COMPLAINT FILED ON AUGUST 28, 1978, UNDER EXECUTIVE
 ORDER 11491, AS AMENDED, BY WAYNE D. THURBER (HEREINAFTER CALLED THE
 COMPLAINANT) AGAINST THE INTERNATIONAL FEDERATION OF FEDERAL POLICE,
 LOCAL 41 (HEREINAFTER CALLED THE RESPONDENT), A NOTICE OF HEARING ON
 COMPLAINT WAS ISSUED BY THE REGIONAL ADMINISTRATOR FOR THE SAN FRANCISCO
 REGION ON NOVEMBER 24, 1978.
 
    THIS DECISION, PURSUANT TO TRANSITION RULES AND REGULATIONS, FEDERAL
 REGISTER, VOL. 44, NO. 1, JANUARY 2, 1979, PAGES 7-8, IS ISSUED IN THE
 NAME OF THE AUTHORITY AND, IN ACCORDANCE WITH SECTION 2400.2 (5 C.F.R.
 2400.2) OF THE TRANSITION RULES AND REGULATIONS, SHALL BE PROCESSED BY
 THE AUTHORITY IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE
 ASSISTANT SECRETARY FOR LABOR-MANAGEMENT RELATIONS, TITLE 29, CODE OF
 FEDERAL REGULATIONS, PART 201, ET SEQ., EXCEPT THAT THE WORK "AUTHORITY"
 SHALL BE SUBSTITUTED WHEREVER THE WORDS "ASSISTANT SECRETARY" APPEAR IN
 THE RULES AND REGULATIONS OF THE OFFICE OF THE ASSISTANT SECRETARY.
 
    THE COMPLAINT ALLEGED THAT RESPONDENT VIOLATED SECTIONS 19(B)(1),
 (3), AND (5) OF THE EXECUTIVE ORDER BY VIRTUE OF CERTAIN REMARKS
 ALLEGEDLY MADE BY RESPONDENT'S AGENT DANIEL A. JAIMEZ TO FEDERAL POLICE
 OFFICER HOWARD P. BROWN ON OR ABOUT JULY 14, 1978.
 
    ON THE DATE OF THE HEARING NEITHER PARTY APPEARED AND ALL EFFORTS TO
 CONTACT THE PARTIES TO DETERMINE THE REASON FOR THEIR ABSENCES WAS
 WITHOUT SUCCESS.
 
    IN VIEW OF THE FAILURE OF THE COMPLAINANT TO APPEAR AT THE HEARING
 AND PURSUANT TO SECTION 203.7 OF THE REGULATIONS, THE FEDERAL LABOR
 RELATIONS AUTHORITY HEREBY ORDERS THE DISMISSAL OF THE COMPLAINT FOR
 FAILURE OF PROSECUTION.
 
    SO ORDERED THIS THE 24TH DAY OF JANUARY, 1979, IN SAN FRANCISCO,
 CALIFORNIA.
 
                              HENRY B. LASKY
 
                         ADMINISTRATIVE LAW JUDGE
 
    HBL:VAG
 
    /1/ IN CONFORMITY WITH SECTION 902(B) OF THE CIVIL SERVICE REFORM ACT
 OF 1978 (92 STAT. 1224) THE PRESENT CASE IS DECIDED SOLELY ON THE BASIS
 OF E.O. 11491, AS AMENDED, AND AS IF THE NEW FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE (92 STAT. 1191) HAD NOT BEEN ENACTED.
  THE DECISION AND ORDER DOES NOT PREJUDGE IN ANY MANNER EITHER THE
 MEANING OR APPLICATION OF RELATED PROVISIONS IN THE NEW STATUTE OR THE
 RESULT WHICH WOULD BE REACHED BY THE AUTHORITY IF THE CASE HAD ARISEN
 UNDER THE STATUTE RATHER THAN THE EXECUTIVE ORDER.