FEDERAL LABOR RELATIONS AUTHORITY OALJ 15-51
DEPARTMENT OF JUSTICE
BUREAU OF PRISONS
FEDERAL DETENTION CENTER
Case Nos. AT-CA-15-0271
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 501, AFL-CIO
Carrie L. McCready
For the General Counsel
Gail L. Elkins
For the Respondent
For the Charging Party
Before: RICHARD A. PEARSON
Administrative Law Judge
DECISION ON MOTION FOR SUMMARY JUDGMENT
On May 11, 2015, the Regional Director of the Atlanta Region of the Federal Labor Relations Authority (the FLRA or Authority), issued a Consolidated Complaint and Notice of Hearing, alleging that the Department of Justice, Bureau of Prisons, Federal Detention Center, Miami, Florida (the Respondent), violated § 7116(a)(1), (5), and (8) of the Federal Service Labor-Management Relations Statute (the Statute) by failing to respond to five information requests made by the American Federation of Government Employees, Local 501, AFL-CIO (the Union) and by refusing to provide the requested information in four of those requests. The Consolidated Complaint indicated that a hearing on the allegations would be held on July 7, 2015, and advised the Respondent that an answer to the Consolidated Complaint was due no later than June 8, 2015. The Consolidated Complaint was mailed to the Respondent’s designated representative, who at that time was Robert Polistena, Labor Relations Specialist, Federal Bureau of Prisons, Human Resources Management Division, Labor Relations Office, 320 First Street, NW, Room 236, Washington, D.C. 20534. The Respondent filed a new Designation of Agency Representative on May 21, 2015, naming Gail L. Elkins, Assistant General Counsel, Federal Bureau of Prisons, Office of General Counsel, Employment Law Branch, 320 First Street, N.W., Suite 252, Washington, D.C. 20534, as its representative, but it did not file an answer to the Consolidated Complaint. On June 22, 2015, the GC filed a Motion to Indefinitely Postpone the Hearing, and I granted the motion on June 23, 2015.
(b) Failing and refusing to provide the information requested by the Union in three requests submitted on December 22, 2014, and one request submitted on December 24, 2014.
(c) In any like or related manner, interfering with, restraining, or coercing bargaining unit employees in the exercise of the rights assured them by the Statute.
(c) Post at its facilities 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 Director, and shall be posted and maintained for sixty (60) consecutive days thereafter, in conspicuous places, including all bulletin boards and other places where notices to employees are customarily posted. Reasonable steps shall be taken to ensure that such Notices are not altered, defaced, or covered by any other material.
(d) In addition to physical posting of paper notices, the attached notice shall be distributed electronically, on the same date, such as by email, posting on an intranet or internet site, or other electronic means, if the Respondent customarily communicates with employees by such means.
(e) Pursuant to § 2423.41(e) of the Authority’s Rules and Regulations, notify the Regional Director, Atlanta Region, Federal Labor Relations Authority, in writing, within thirty (30) days from the date of this Order, as to what steps have been taken to comply.
Issued, Washington, D.C., September 21, 2015