… when the factual predicate and legal theory in the ULP charge is the same as the matter raised in the grievance. … in legal theory that the General Counsel notes is that the ULP charges focus on the Union’s institutional interests … on whether the security measures were first charged in a ULP or grieved, but rather, on whether they are inseparable …
… Notice of Hearing, based upon an unfair labor practice (ULP) charge filed on March 26, 2007 by the American … contends that the Authority lacks jurisdiction over the ULP charge set forth in the complaint because it is barred by … that the factual predicate and legal theories for the ULP charge filed on March 26, 2007 are the same as those for …
… Dallas Regional Office, issued an unfair labor practice (ULP) complaint on May 31, 2000, alleging that Respondent … cross-examine 1 The General Counsel has moved to amend the ULP complaint to correct typographical errors involving the … primary basis for Hoyt’s termination. (Tr. 79, 98-99.) The ULP complaint in this case alleges that Hoyt’s termination …
… procedures under section 7119 of the Statute and the ULP procedures of section 7118. If that party wanted to proceed with the ULP procedures first, it would be necessary to seek a … procedures under section 7119 of the Statute and the ULP procedures of section 7118. If that party wanted to …
… a list of what she believed constituted the then pending ULP charges filed with the Regional Director of the San … (Tr. 36.) Clagg used a computerized spreadsheet, listing ULP charges by number, filing date, and disposition. To … had “taken care of” requesting the withdrawal of the last ULP charge on the Clagg’s list. (Joint Exhs. 31 and 32.) …
… a 7116(d) bar to the later filed unfair labor practice (ULP) charge inasmuch as the theories of the grievance and the ULP are not substantially similar. The grievance was … parties’ collective bargaining agreement (CBA) while the ULP alleges a violation of the Statute. U.S. Department of …
… legal elements for a section 7116 (d) bar exist and the ULP charge in this matter must be dismissed. General Counsel … not even arise from the same factual circumstances of the ULP charge and complaint. The scope of the grievance was … reporting duties. Henderson, the affected employee in the ULP, has no connection with the control room, other than to …
… the filing of grievances and unfair labor practice (ULP) charges on his own behalf and on behalf of other employees. He filed five ULP charges in 1999 and 2000 alone. In early June of 1999, … blind" and indicating his intent to file a grievance and a ULP charge against Hebert (Respondent's Exhibit 5). According …
… legal theories were advanced by the grievance and the ULP in these separate venues. In the ULP, the Charging Party is claiming that Isom was reassigned … basis for a violation is set forth. Therefore, the ULP and the Cintora grievance were different factually and …
… the award may not be enforced in an unfair labor practice (ULP) proceeding because the Authority lacks jurisdiction over … to the Respondent, the award cannot be enforced in this ULP proceeding because the matter is excluded from the … that the arbitrator’s decision and the subsequent ULP concern the “establishment, determination, or adjustment …
