Social Security Administration Headquarters, Baltimore, Maryland (Respondent) and American Federation of Government Employees, Local 1923, AFL-CIO (Complainant) 

 3 FLRA No. 11
 
 SOCIAL SECURITY ADMINISTRATION,
 HEADQUARTERS, BALTIMORE, MARYLAND
 Respondent
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 1923, AFL-CIO
 Complainant
 
                                            Assistant Secretary
                                            Case No. 22-09141(CA)
 
                            DECISION AND ORDER
 
    ON DECEMBER 4, 1979, ADMINISTRATIVE LAW JUDGE BURTON S. STERNBURG
 ISSUED HIS RECOMMENDED DECISION AND ORDER IN THE ABOVE-ENTITLED
 PROCEEDING, RECOMMENDING THAT THE COMPLAINT BE DISMISSED IN ITS ENTIRETY
 FOR WANT OF PROSECUTION.  COMPLAINANT FILED EXCEPTIONS TO THE
 RECOMMENDED DECISION AND ORDER.  ALTHOUGH THE COMPLAINANT MERELY
 EXPLAINS THE REASON FOR FAILING TO APPEAR AT THE HEARING AND REQUESTS
 PERMISSION TO WITHDRAW THE COMPLAINT.  UNDER THE CIRCUMSTANCES, THE
 REQUEST TO WITHDRAW THE COMPLAINT IS UNTIMELY AND, THEREFORE, DENIED.
 COMPLAINANT'S COMMUNICATION HAS BEEN TREATED AS GENERAL EXCEPTIONS 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 SEC.  304 OF REORGANIZATION PLAN
 NO. 2 OF 1978 (43 F.R. 36040), WHICH TRANSFER OF FUNCTIONS IS
 IMPLEMENTED BY SEC. 2400.2 OF THE AUTHORITY'S RULES AND REGULATIONS (45
 F.R. 3482, JANUARY 17, 1980).  THE AUTHORITY CONTINUES TO BE RESPONSIBLE
 FOR THE PERFORMANCE OF THESE FUNCTIONS AS PROVIDED IN SEC.  7135(B) OF
 THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (92 STAT. 1215).
 
    THEREFORE, PURSUANT TO SEC. 2400.2 OF THE AUTHORITY'S RULES AND
 REGULATIONS AND SEC. 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, INCLUDING THE COMPLAINANT'S EXCEPTIONS, THE AUTHORITY HEREBY
 ADOPTS THE ADMINISTRATIVE LAW JUDGE'S FINDINGS, CONCLUSIONS AND
 RECOMMENDATION.  /1/
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE COMPLAINT IN ASSISTANT SECRETARY CASE
 NO. 22-09141(CA) BE AND IT HEREBY IS, DISMISSED.
 
    ISSUED, WASHINGTON, D.C., APRIL 14, 1980
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
    JOHN BARRETT
 
    LABOR RELATIONS SPECIALIST
 
    SOCIAL SECURITY ADMINISTRATION
 
    DIVISION OF LABOR RELATIONS
 
    G-314 WEST HIGH RISE BUILDING
 
    6401 SECURITY BOULEVARD
 
    BALTIMORE, MARYLAND 21235
 
                            FOR THE RESPONDENT
 
    BEFORE:  BURTON S. STERNBURG
 
                         ADMINISTRATIVE LAW JUDGE
 
                            DECISION AND ORDER
 
    PURSUANT TO A COMPLAINT FILED ON JULY 27, 1978, UNDER EXECUTIVE ORDER
 11491, AS AMENDED, BY THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 LOCAL 1923, AFL-CIO, (HEREINAFTER CALLED THE UNION OR COMPLAINANT),
 AGAINST THE SOCIAL SECURITY ADMINISTRATION, HEADQUARTERS, (HEREINAFTER
 CALLED THE RESPONDENT OR ACTIVITY), A NOTICE OF HEARING ON COMPLAINT WAS
 ISSUED BY THE REGIONAL DIRECTOR FOR THE WASHINGTON, D.C. REGION OF THE
 FEDERAL LABOR RELATIONS AUTHORITY ON OCTOBER 23, 1979.
 
    THE COMPLAINT ALLEGES, IN SUBSTANCE, THAT THE RESPONDENT VIOLATED
 SECTIONS 19(A)(1) AND (2) OF EXECUTIVE ORDER 11491, AS AMENDED, BY
 VIRTUE OF ITS ACTIONS IN DISCRIMINATING AGAINST MR. N. A. STEVE DARDEN
 WITH RESPECT TO THE ASSIGNMENT OF WORK BECAUSE OF MR. DARDEN'S UNION
 ACTIVITIES.
 
    PURSUANT TO THE ABOVE "NOTICE OF HEARING", WHICH WAS DULY SERVED UPON
 COMPLAINANT, A HEARING IN THE CAPTIONED MATTER WAS CONVENED AT 10:00
 A.M. ON NOVEMBER 20, 1979, IN ROOM 1011, FALLON FEDERAL OFFICE BUILDING,
 HOPKINS PLAZA, BALTIMORE, MARYLAND.  REPRESENTATIVES OF THE RESPONDENT
 AND A NUMBER OF WITNESSES, SOME OF WHOM HAD BEEN REQUESTED BY THE
 COMPLAINANT, APPEARED AT THE HEARING.  COMPLAINANT, HOWEVER, FAILED TO
 MAKE AN APPEARANCE.  AFTER WAITING SOME THIRTY-FIVE MINUTES AND
 ATTEMPTING UNSUCCESSFULLY TO REACH COMPLAINANT BY TELEPHONE CONTACTS
 WITH MR. DARDEN'S PLACE OF EMPLOYMENT, THE UNION'S OFFICE AND THE
 AUTHORITY'S REGIONAL OFFICE, THE UNDERSIGNED CLOSED THE HEARING AFTER
 PUTTING IN THE FORMAL PAPERS.
 
    UPON THE BASIS OF THE FOREGOING, IT IS HEREBY RECOMMENDED THAT THE
 COMPLAINT BE DISMISSED FOR LACK OF PROSECUTION.
 
                             RECOMMENDED ORDER
 
    IT IS HEREBY ORDERED THAT THE COMPLAINT BE DISMISSED IN ITS ENTIRETY.
 
                            BURTON S. STERNBURG
 
                         ADMINISTRATIVE LAW JUDGE
 
    DATED:  DECEMBER 4, 1979
 
    WASHINGTON, D.C.
 
    /1/ IN CONFORMITY WITH SEC. 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.