Yolanda Shepherd Eckford, Esquire For the General Counsel George Oberhart For Respondent Before: BURTON S. STERNBURG Administrative Law Judge
This is a proceeding under the Federal Service Labor-Management
Relations Statute, Chapter 71 of Title 5 of the U.S. Code, 5 U.S.C.
Section 7101, et seq., and the Rules and Regulations issued
thereunder.
Pursuant to an amended charge first filed on April 21, 1992, by
Lydia C. Lubniewski, an individual, a Complaint and Notice of
Hearing was issued by the Regional Director for the San Francisco
Region, Federal Labor Relations Authority, San Francisco,
California, on July 2, 1992. The Complaint alleges that the
International Federation Of Professional and Technical Engineers,
AFL- CIO, Local 76, (hereinafter called the Respondent or Union),
violated Section 7116(b)(1) of the Federal Service Labor-Management
Relations Statute, (hereinafter called the Statute) by virtue of
the actions of its president in telling a unit employee that if she
did not withdraw a pending unfair labor practice charge against the
Union "she should not ask him to help her with anything" in the
future.
A hearing was held in the captioned matter on August 24, l992, in San Francisco, California. All parties were afforded the full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues involved herein. The General Counsel and the Respondent filed post-hearing briefs on September 28 and 23, 1992, respectively, which have been duly considered.
Upon the basis of the entire record, including my observation
of the witnesses and their demeanor, I make the following findings
of fact, conclusions and recommendations.
The Union is the exclusive representative of a unit of
employees appropriate for collective bargaining at the Naval Air
Station Alameda, Alameda, California. At all times material Mr.
George Oberhart was the President of the Union.
Ms. Lydia Lubniewski, the charging party, is an employee of the
Naval Air Station Alameda and a member of the bargaining unit
represented by the Union.
On March 4, 1992, Ms. Lubniewski filed an unfair labor practice
charge against the Respondent alleging that Respondent had failed
to represent her in connection with a grievance in violation of
Respondent's duty of fair representation. The charge specifically
named Mr. Oberhart as the party being responsible for the lack of
representation.
Subsequent to the filing of the unfair labor practice charge
against Respondent, Ms. Lubniewski and Mr. Oberhart held a
telephone conversation wherein the unfair labor practice charge was
discussed. Mr. Oberhart informed Ms.Lubniewski that he was required
to fill out some paperwork in connection with the charge she had
filed and inquired if she would be amenable to "take that charge
off me". According to the credited testimony of Ms. Lubniewski,
after she replied that she had lost two other cases with him, Mr.
Oberhart became a little huffy and said, "All right. Then don't
ever ask me to do anything for you again. The conversation then
ended.
Mr. Oberhart admits having a telephone conversation with Ms.
Lubniewski following the filing of the unfair labor practice charge
wherein she allegedly asked him to help her fill out some papers in
connection with the unfair labor practice charge. He told her to
forget it and that she could "back off from this thing . . . and
then you won't have to fill out the form." He also admits telling
her in a conversation not to ask him to do her any favors.
According to Mr. Oberhart when he made this last statement he was
referring to favors that he "had done personally, not anything to
do with the union, sitting in for this EEO meeting and other things
that she had asked" him to do in the past.
Discussion and Conclusions
Having credited Ms. Lubniewski that, in response to her filing an unfair labor practice charge, Mr. Oberhart told her not to ever ask him to do anything for her again, he sole issue remaining to be resolved is whether Mr. Oberhart's statement infringed on Ms. Lubniewski's rights in violation of Section 7116(b)(1) of the Statute.
It is well established that an employee has a right to file an
unfair labor practice charge and that interference with such right
by a union violates Section 7116(b)(l) of the Statute, American Federation of Government Employees, AFL-CIO,
29 FLRA 1359, 1363.
Here we have the Local Union President, Mr.Oberhart, informing
a unit employee that if she did not withdraw a pending unfair labor
practice charge against the Union that she should never ask him to
do anything for her again. This latter statement interferes with
Ms. Lubniewski's rights since it is tantamount to informing her
that unless she withdraws the unfair labor practice charge she will
not be able to utilize the Union's services in the future.
Accordingly, I find that Mr. Oberhart's statement would tend to
discourage Ms. Lubniewski as well as other unit employees from
utilizing their rights to file unfair labor practice charges
against the Union. In such circumstances, I further find that the
Respondent's statement was violative of Section 7116(b)(l) of the
Statute.
Having found that the Respondent violated Section 7116(b)(l) of
the Statute, it is hereby recommended that the Federal Labor
Relations Authority issue the following Order.
ORDER
Pursuant to Section 2423.29 of the Federal Labor Relations
Authority's Rules and Regulations and Section 7118 of the Federal
Service Labor-Management Relations Statute, the Authority hereby
orders that the International Federation of Professional and
Technical Engineers, AFL-CIO, Local 76, shall:
1. Cease and desist from:
(a) Threatening Lydia Lubniewski, or any other
employee, with the loss of representation for filing an unfair
labor practice charge under the Federal Service Labor-Management
Relations Statute.
(b) In any like or related manner interfering
with,restraining or coercing employees in the exercise of their
rights assured by the Federal Service Labor-Management Relations
Statute.
2. Take the following affirmative action in order to effectuate the purpose and policies of the Federal Service Labor-Management Relations Statute.
(a) Post at its business office and normal meeting
places, including all places where notices to member and
non-members are customarily posted, 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 President
of Local 76, and shall be posted and maintained for 60 consecutive
days thereafter, in conspicuous places, including all places where
notices to members and other employees are customarily posted.
Reasonable steps shall be taken to insure that such Notices are not
altered, defaced, or covered by any other material.
(b) Pursuant to Section 2423.30 of the Authority's
Rules and Regulations notify the Regional Director of the San
Francisco Region, Federal Labor Relations Authority, in writing,
within 30 days from the date of this Order, as to what steps have
been taken to comply herewith.
Issued, Washington, DC, December 21, 1992
_________________________________
BURTON S. STERNBURG
Administrative Law Judge
WE WILL NOT threaten Lydia Lubniewski, or any other employee, with
loss on representation for filing an unfair labor practice charge
under the Federal Service Labor-Management Relations Statute
WE WILL NOT in any like or related manner interfere with, restrain
or coerce employees in the exercise of rights assured them by the
Federal Service Labor-Management Relations Statute.
______________________________
International Federation of
Professional and Technical Engineers, AFL-CIO, Local 76
Dated: ______________________ By: _________________________________
George Oberhart, President
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 San Francisco Region, Federal Labor
Relations Authority, whose address is: 901 Market Street, Suite
220, San Francisco, California 94103, and whose telephone is: (415)
744-4000.
Dated: December 21, 1992
Washington, DC