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SOCIAL SECURITY ADMINISTRATION MODESTO DISTRICT OFFICE MODESTO, CALIFORNIA and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 3172, AFL-CIO

UNITED STATES OF AMERICA

FEDERAL LABOR RELATIONS AUTHORITY

Office of Administrative Law Judges

WASHINGTON, D.C. 20424-0001

SOCIAL SECURITY ADMINISTRATION

MODESTO DISTRICT OFFICE

MODESTO, CALIFORNIA

Respondent

and

AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, LOCAL 3172, AFL-CIO

Charging Party

Case No. SF-CA-70003

Mr. Bob Brewer

For the Respondent

Christopher Pirrone, Esquire

Stefanie Arthur, Esquire

For the General Counsel

Before: WILLIAM B. DEVANEY

Administrative Law Judge

DECISION

This case was initiated by a charge filed on October 2, 1996 (G.C. Exh. 1(a)), which alleged violations of §§ 7116(a)(1),(5) and (8) of the Statute for failing and refusing to provide the Union with certain information pursuant to

§ 7114(b)(4) of the Statute. The Complaint and Notice of Hearing issued on January 10, 1997 (G.C. Exh. 1(b)), and set the hearing for March 12, 1997, pursuant to which a hearing was duly held on March 12, 1997, in San Francisco, California, before the undersigned. At the conclusion of the hearing, April 14, 1997, was set as the date for mailing post-hearing briefs, which time subsequently was extended, on Motion of the General Counsel, to which the Respondent did not object, for good cause shown, to April 28, 1997. By Motion dated, and

-2-

received on, April 15, 1997, General Counsel states that the parties on April 11, 1997, had entered into an informal settlement agreement which the Regional Director had concluded would effectuate the purposes and policies of the Statute to approve and, accordingly, has requested that this matter be remanded to the Regional Director. It is, therefore,

ORDERED

Pursuant to § 2423.11(e)(1) of the Rules and Regulations, 5 C.F.R. § 2423.11(e)(1), permission to withdraw the complaint is approved, and it is,

FURTHER ORDERED, that this matter be, and is hereby, remanded to the Regional Director for further action consistent herewith.

________________________

WILLIAM B. DEVANEY

Administrative Law Judge

Dated: April 16, 1997

Washington, DC

CERTIFICATE OF SERVICE

I hereby certify that copies of this Decision in SF-CA-70003, issued by WILLIAM B. DEVANEY, Administrative Law Judge, were sent to the following parties:

______________________

CERTIFIED MAIL:

Christopher Pirrone, Esq.

Federal Labor Relations Authority

901 Market Street, Suite 220

San Francisco, CA 94103

Stefanie Arthur, Esq.

Federal Labor Relations Authority

901 Market Street, Suite 220

San Francisco, CA 94103

Mr. Bob Brewer

Labor Relations Specialist

Social Security Administration

75 Hawthorne Street

San Francisco, CA 94105

Ms. Dana Duggins

AFGE, Local 3172 AFL-CIO

364 Hemsted Drive

Redding, CA 96002

Dated: April 16, 1997

Washington, DC