FEDERAL LABOR RELATIONS AUTHORITY OALJ 15-54 Office of Administrative Law Judges WASHINGTON, D.C.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, AMES RESEARCH CENTER MOFFETT FIELD, CALIFORNIA RESPONDENT | |
AND INTERNATIONAL FEDERATION OF PROFESSIONAL & TECHNICAL ENGINEERS, LOCAL 30, AFL-CIO CHARGING PARTY | Case No. SF-CA-14-0583 |
Cara Krueger
For the General Counsel
Colleen Burt
For the Respondent
Leland Stone
For the Union
Before: SUSAN E. JELEN
Administrative Law Judge
DECISION AND ORDER REMANDING CASE
On June 26, 2014, the International Federation of Professional and Technical Engineers, Local 30, AFL-CIO, filed an unfair labor practice charge against the National Aeronautics and Space Administration, Ames Research Center, Moffett Field, California (Respondent). On November 28, 2014, the Regional Director of the San Francisco Region of the Federal Labor Relations Authority (Authority) issued a Complaint and Notice of Hearing alleging that the Respondent violated § 7116(a)(1) and (5) of the Statute by refusing on May 30, 2014, and continuing, to bargain over its issuance of a construction permit for work on its property. The Respondent timely filed an Answer to the Complaint in which it admitted certain allegations but denied others, including the allegation that it violated the Statute.
A hearing in the matter was held on February 9, 2015, in San Francisco, California. All parties were represented and afforded an opportunity to be heard, to introduce evidence, and to examine witnesses. The General Counsel and Respondent timely filed post-hearing briefs.
On September 22, 2015, Counsel for the General Counsel filed an unopposed Motion Requesting Permission to Withdraw Complaint, based on the parties having signed an informal settlement agreement which is acceptable to the Regional Director.
Pursuant to § 2423.31(e)(1) of the Rules and Regulations of the Authority and in light of the General Counsel’s motion, I conclude that withdrawal of the complaint in this matter is appropriate, and therefore remanding the case to the Regional Director for approval of the informal settlement agreement is ordered.
ORDER
The Motion Requesting Permission to Withdraw the 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., September 23, 2015
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SUSAN E. JELEN
Administrative Law Judge