File 2: ALJ's Decision
[ v58 p75 ]
Office of Administrative Law Judges
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, KENTUCKY STATE OFFICE
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 3980, AFL-CIO
Case No. CH-CA-00694
Greg A. Weddle, Esquire
For the General Counsel
Before: WILLIAM B. DEVANEY
Administrative Law Judge
DECISION ON MOTION FOR
Statement of the Case
This proceeding, under the Federal Service Labor-Management Relations Statute, Chapter 71 of Title 5 of the United States Code, 5 U.S.C. § 7101, et seq. [n1] , concerns a request for information, i.e., sanitized copies of applications and competitive placement records, in connection with four vacancy announcements (00-DEU-2000-0001Z; 00-MSH-2000-0001Z; 00-DEU-2000-0002Z; and 00-MSH-2000-0002Z at Respondent's Kentucky State Office. On September 6, 2000, and on September 18, 2000, Respondent denied the request for information and the charge herein was filed on September 22, 2000. The Complaint and Notice of Hearing issued on April 30, 2001, and set the hearing for September 18, 2001, at a place to be determined in Louisville, Kentucky.
Respondent's Answer was due no later than May 28, 2001, but Respondent filed no Answer and on June 5, 2001, General Counsel, pursuant to §2423.27(a) of the Authority's Rules and Regulations, 5 C.F.R. § 2423.27(a), filed and served a Motion For Summary Judgment. Pursuant to § 2423.27(b), 5 C.F.R. § 2423.27(b) a response: ". . . must be filed within 5 days after the date of service of the motion . . . ." Respondent has filed no response to date. Accordingly, for reasons more fully set forth hereinafter, General Counsel's Motion will granted, the hearing for September 18, 2001, is hereby cancelled and an appropriate order and notice will be issued herewith.
Findings and Discussion.
1. On April 30, 2001, the Regional Director for the Chicago Region of the Federal Labor Relations Authority issued a Complaint and Notice of Hearing in this matter alleging that the Department of Housing and Urban Development (Respondent) violated Section 7116(a)(1), (5) and (8) of the Statute by failing and refusing to furnish information requested under 5 U.S.C. § 7114(b)(4) to the American Federation of Government Employees, Local 3980 (Charging Party), the exclusive representative of a group of employees at Respondent's Kentucky State Office in Louisville, Kentucky. A hearing in this case was set for September 18, 2001.
2. The complaint was served by certified mail on Respondent and specified that Respondent's answer to the complaint must be filed by May 28, 2001. The complaint further advised that "(a) failure to file an answer or respond to any allegation of this complaint will constitute an admission. See 5 C.F.R. § 2423.20(b)."
3. No answer was received from Respondent. Accordingly, Respondent has admitted all the allegations of the complaint. Department of Veterans Affairs Medical Center, Asheville, North Carolina, 51 FLRA 1572, 1594 (1996) (VAMC Asheville).
4. Since there are no factual issues in dispute, this case is ripe for summary judgment in General Counsel's favor. Since Respondent has admitted its failure and refusal to comply with 5 U.S.C. § 7114(b)(4) of the Statute and has failed and refused to respond to General Counsel's Motion For Summary Judgment, the only remaining issue to be resolved is the question of remedy. VAMC Asheville, 51 FLRA at 1594.
5. To remedy the above admitted violation, as General Counsel has requested, Respondent will be ordered to submit the information requested by the Charging Party on August 9, 2000, as described in paragraph 10 of the Complaint, within 14 days of the date of the Order, accompanied by the posting of a notice to all employees signed by Respondent's Kentucky State Office Coordinator John Milchick.
Having found that Respondent violated §§ 16(a)(1), (5) and (8) of the Statute, it is recommended that the Authority adopt the following: [ v58 p76 ]
Pursuant to § 2423.41(c) of the Authority's Rules and Regulations, 5 C.F.R. § 2423.41(c), and § 18 of the Federal Service Labor-Management Relations Statute, 5 U.S.C. § 7118, it is hereby ordered that the United States Department of Housing and Urban Development, Kentucky State Office, Louisville, shall:
1. Cease and desist from:
(a) Failing and refusing to furnish the American Federation of Government Employees, Local 3980, AFL-CIO (hereinafter, "Union") with the following information requested by the Union, namely: sanitized copies of the applications submitted and the competitive placement records created in connection with four vacancy announcements at Respondent's Kentucky State Office as follows:
(b) In any like or related manner interfering with, restraining or coercing bargaining unit employees in the exercise of their rights assured them by the Statute.
2. Take the following affirmative action in order to effectuate the purposes and policies of the Statute:
(a) Upon request, promptly, and within fourteen (14) days of the date of its request, furnish the Union the information set forth in paragraph 1(a) of this Order and more fully described in paragraph 10 of the complaint herein.
(b) Post at its facilities in the Kentucky State Office, Louisville, Kentucky, where employees of the American Federation of Government Employees, Local 3980, AFL-CIO, are located, copies of the attached Notice on forms to be furnished by the Federal L