File 1: Authority's Decision in 63 FLRA No.98

292 Decisions of the Federal Labor Relations Authority 63 FLRA No. 98 63 FLRA No. 98 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES LOCAL 1164, AFL-CIO (Charging Party/Union) and SOCIAL SECURITY ADMINISTRATION OFFICE OF HEARINGS AND APPEALS PORTLAND, MAINE (Respondent) BN-CA-05-0254 _____ DECISION AND ORDER April 30, 2009 _____ Before the Authority: Carol Waller Pope, Chairman and Thomas M. Beck, Member 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 (Judge) filed by the General Counsel (GC). The Respondent filed an opposition to the GC’s exceptions. The complaint alleges that the Respondent violated § 7116(a)(1) and (5) of the Federal Service Labor-Management Relations Statute (the Statute) by assigning new duties to bargaining unit employees without providing the Union with notice and an opportunity to bargain over the change. The Judge determined that the Respondent did not violate the Statute as alleged because the change did not have more than a de minimis effect on the employees’ conditions of employment. Upon consideration of the decision and the entire record, we adopt the Judge’s findings, conclusions, and recommended order and deny the GC’s exceptions. II. Order The complaint is dismissed.