FEDERAL LABOR RELATIONS AUTHORITY OALJ 14-15
Office of Administrative Law Judges
WASHINGTON, D.C.
DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS FEDERAL CORRECTIONAL COMPLEX, COLEMAN, FLORIDA RESPONDENT | |
AND AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 506 CHARGING PARTY | Case No. AT-CA-12-0056 |
Brent S. Hudspeth
For the General Counsel
Tara Roberts
For the Respondent
Ken Pike
For the Union
Before: CHARLES R. CENTER
Chief Administrative Law Judge
DECISION AND ORDER REMANDING CASE
On November 1, 2011, the American Federation of Government Employees, Local 506 (Union/Local 506) filed an unfair labor practice charge against the Department of Justice, Federal Bureau of Prisons, Federal Correctional Complex, Coleman, Florida (Respondent/BOP). That charge was amended on September 13, 2012. On September 20, 2012, the Atlanta Regional Director issued a Complaint and Notice of Hearing alleging that the Respondent violated § 7116(a)(1) and (5) of the Federal Service Labor-Management Relations Statute (Statute) by implementing a change to the bargaining unit employees’ conditions of employment without providing the Union with notice and an opportunity to bargain to the extent required by the Statute. On October 12, 2012, the Respondent filed its Answer to the complaint.
A hearing was held on February 1, 2013, in Winter Garden, Florida, where testimony was taken and documentary evidence introduced into the record. The General Counsel and Respondent filed post-hearing briefs in the matter.
On July 1, 2014, Counsel for the General Counsel filed an unopposed Motion to Remand Complaint to the Regional Director in Order to Approve Charging Party’s Request to Withdraw, indicating that on June 30, 2014, the Charging Party requested to withdraw the charge underlying the complaint.
Pursuant to § 2423.31(e)(1) of the Rules and Regulations of the Federal Labor Relations Authority, I conclude that the withdrawal of the complaint is appropriate in light of the Charging Party’s request and that remanding the case to the Regional Director for further action is appropriate.
ORDER
The Motion to Remand Complaint is GRANTED. The case is hereby Remanded to the Regional Director for further action as he deems appropriate to effectuate the purposes and policies of the Statute.
Issued, Washington, D.C., July 2, 2014
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CHARLES R. CENTER
Chief Administrative Law Judge