[ v58 p712 ]
58 FLRA No. 171
DEPARTMENT OF THE TREASURY
UNITED STATES, CUSTOMS SERVICE
DECISION AND ORDER
July 18, 2003
Before the Authority: Dale Cabaniss, Chairman, and
Carol Waller Pope and Tony Armendariz, Members
I. Statement of the Case
This unfair labor practice case is before the Authority on exceptions to the attached decision of the Administrative Law Judge filed by the Charging Party. [n1]
The complaint alleges that the Respondent [n2] violated section 7116(a)(1) of the Federal Service Labor-Management Relations Statute (the Statute) by interfering with an employee's right to consult with his union representative. The Judge found that the Respondent violated the Statute as alleged in the complaint. As to the remedy, the Judge ordered a notice posting in the Respondent's ports or facilities in West Palm Beach to be signed by an official responsible for West Palm Beach, since the violations did not extend beyond this area. The Charging Party excepts to the Judge's limited posting to the West Palm Beach area and to the official designated to sign the posting.
Upon consideration of the Judge's decision and the entire record, we adopt the Judge's findings, conclusions, and recommended Order. [n3]
Pursuant to section 2423.41(c) of the Authority's Regulations and section 7118 of the Federal Service Labor-Management Relations Statute, the United States Department of the Treasury, United States Customs Service, Miami, Florida, shall:
1. Cease and desist from:
(a) Verbally harassing or intimidating any employee for seeking assistance from union officials by asking questions regarding the assignment of overtime.
(b) Counseling employees that they cannot seek assistance from union officials about the assignment of overtime.
(c) In any like or related manner interfering with, restraining, or coercing employees in the exercise of rights assured them by the Statute.
2. Take the following affirmative action in order to effectuate the purposes and policies of the Statute:
(a) Rescind any and all references of the verbal counseling of Shawn Hinman received on November 5, 2000, from any informal or formal employee files, including the employee's official personnel file.
(b) Post at its facilities at the Port of West Palm Beach where bargaining unit employees represented by the Union are located, copies of the attached Notice on forms to be furnished by the Federal Labor Relations Authority. Upon receipt of such forms, they shall be signed by the management official responsible for the Port of West Palm Beach and maintained for 60 consecutive days thereafter, in conspicuous places, including all bulletin boards and other places where notices to employees are customarily posted. Reasonable steps will be taken to insure that such Notices are not altered, defaced, or covered by any other material.
(c) Pursuant to section 2423.41(e) of the Authority's Regulations, notify the Regional Director, Atlanta Regional Office, Federal Labor Relations Authority, in writing within 30 days from the date of this Order, as to what steps have been taken to comply. [ v58 p713 ]
NOTICE TO ALL EMPLOYEES
POSTED BY ORDER OF THE
FEDERAL LABOR RELATIONS AUTHORITY
The Federal Labor Relations Authority has found that the United States Department of the Treasury, United States Customs Service, Miami, Florida, has violated the Federal Service Labor-Management Relations Statute (the Statute) and has ordered us to post and abide by this Notice.
We hereby notify employees that:
WE WILL NOT verbally harass or intimidate any employee for seeking assistance from union officials by asking questions regarding the assignment of overtime.
WE WILL NOT counsel employees that they cannot seek assistance from union officials about the assignment of overtime.
WE WILL NOT in any like or related manner, interfere with, restrain, or coerce employees in the exercise of their rights assured by the Federal Service Labor-Management Relations Statute.
WE WILL rescind any and all references of the verbal counseling of Shawn Hinman received on November 5, 2000, from any informal or formal employee files, including the employee's official personnel file.
This Notice must remain posted for 60 consecutive days from the date of posting, and must not be altered, defaced, or covered by any other material.
If employees have any questions concerning this Notice or compliance with its provisions, they may communicate directly with the Regional Director, for the Federal Labor Relations Authority, Atlanta Regional Office, whose address is: Marquis Two Tower, Suite 701, 285 Peachtree Center Avenue, Atlanta, Ga. 30303-1270, and whose telephone number is: (404) 331-5300.
File 1: Authority's Decision in 58 FLRA No.
File 2: ALJ's Decision
Footnote # 1 for 58 FLRA No. 171 - Authority's Decision
The Respondent also filed exceptions to the Judge's decision. However, by Order dated September 6, 2002, the Authority dismissed the Respondent's exceptions as untimely filed. In addition, the Authority found that the Respondent's Opposition to the Charging Party's exceptions was untimely filed. As such, we will not consider or address further the Respondent's exceptions or its opposition to the Charging Party's exceptions. As a result, we also find it unnecessary to consider the General Counsel's opposition to the Respondent's exceptions.
Footnote # 2 for 58 FLRA No. 171 - Authority's Decision
Consistent with the General Counsel's request, we take official notice that the Respondent's name changed, effective March 1, 2003, after the hearing and submission of post-hearing briefs in this case, from the United States Department of the Treasury, United States Customs Service, to Department of Homeland Security, Border and Transportation Security Directorate, Bureau of Customs and Border Protection. See Department of Homeland Security Reorganization Plan (November 25, 2002), as authorized by § 1502 of the Department of Homeland Security Act of 2002, 6 U.S.C. § 542 (2002).
Footnote # 3 for 58 FLRA No. 171 - Authority's Decision