23:0304(38)CA - HHS, SSA, Field Operations, New York Region and AFGE Local 2369 -- 1986 FLRAdec CA
[ v23 p304 ]
23:0304(38)CA
The decision of the Authority follows:
23 FLRA No. 38 U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES SOCIAL SECURITY ADMINISTRATION, FIELD OPERATIONS, NEW YORK REGION Respondent and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2369 Charging Party Case No. 2-CA-40376 DECISION AND ORDER I. Statement of the Case This unfair labor practice case is before the Authority on exceptions filed by the Respondent to the attached Decision of the Administrative Law Judge. The General Counsel filed an opposition to the exceptions. The issue iw whether the Respondent, by basing disciplinary action against an employee in part upon an earlier written reprimand, failed to comply with an arbitrator's award, as required by section 7122(b) of the Statute, /1/ and therefore has violated section 7116(a)(1) and (8) of the Statute. /2/ II. Background and Judge's Conclusion On August 10, 1982, employee Derrick Thomas was reprimanded for improper conduct. The reprimand was grieved and processed to arbitration. While the Arbitrator's decision was pending, the Respondent proposed to and did suspend Thomas for a series of events that occurred subsequent to the August 10, 1982 reprimand. The suspension, characterized as "progressive discipline," was admittedly based in part on the reprimand. On January 20, 1984, the Arbitrator issued an award which provided that Thomas' reprimand was not for just cause. He ordered that the reprimand be expunged from Thomas' personnel file, and that the reprimand "not be used against (the) grievant in any other proceeding." Explaining his award, the Arbitrator stated: "The reprimand has apparently already been removed from grievant's . . . (f)ile . . . and the Official Personnel Folder by passage of time; however, the matter is not mooted thereby inasmuch as there was evidence that grievant had this reprimand used against him in another subsequent disciplinary proceeding to demonstrate progressive discipline. . . . I will award . . . that it is not only to be expunged from grievant's record but may not be used against him in any fashion." No exceptions to the award were filed with the Authority. Following unsuccessful attempts by the Union to persuade the Respondent to rescind the suspension of Thomas in light of the Arbitrator's award, the charge that led to this complaint was filed. The Judge, noting that the Arbitrator's award became final and binding when no exceptions were filed, found that the Respondent violated section 7116(a)(1) and (8) of the Statute by failing to comply with the award. The Judge found that all references to an August 5, 1982 incident involved in Thomas' August 10, 1982 reprimand had been expunged from Thomas' personnel file, and that the only issue is whether the Arbitrator's award requires the Respondent to rescind Thomas' January 17, 1983 suspension. He further found that one of the admitted reasons relied upon for Thomas' suspension was the reprimand, and that Thomas would not have been suspended but for that reliance. Citing U.S. Army Health Clinic, Fort Ritchie, Maryland, 9 FLRA 935 (1982), the Judge ordered the Respondent to comply with the Arbitrator's award by removing all references to the August 5, 1982 incident from Thomas' personnel file and from all formal disciplinary actions thereafter taken by the Respondent against Thomas. The Judge also ordered the Respondent to revise such actions to the extent required by law and regulation, and to rescind the January 17, 1983 suspension. III. Positions of the Parties In its exceptions, the Respondent argues that the Judge erred because the Respondent had removed from Thomas' personnel file all references to the August 5, 1982 incident and had thus complied with the Arbitrator's award. As the suspension was based also on other reasons, it argues that it did not violate the Arbitrator's award. Further, the Respondent argues that the Judge's reliance on Fort Ritchie is misplaced, as in that case rescission was not ordered. Finally, the Respondent contends that the Judge's recommended Order is "vague, incomplete, and fatally deficient" because it orders rescission without back pay. In its opposition to the exceptions, the General Counsel argues in support of the Judge's findings and argues that back pay is not only lawful, but is inherent in and thus required by the Judge's recommended order to rescind the suspension. IV. Analysis The Arbitrator's award states that Thomas' reprimand " . . . may not be used against grievant in any other proceeding" and " . . . it may not be used against him in any fashion." The Respondent acknowledges that the reprimand was one of the reasons for the suspension in question. We thus agree with the Judge that the Respondent unlawfully failed to honor the Arbitrator's award and thereby violated section 7116(a)(1) and (8) of the Statute. We do not find, however, that compliance with the award requires the Respondent to rescind Thomas' suspension. Rather, we find that, as the Arbitrator's award requires that the reprimand not be used against Thomas in any other proceeding, the Respondent must, in order to comply with that award, take the following action. The Respondent must remove all references to the August 5, 1982 reprimand incident in any disciplinary action taken against Thomas, including the January 17, 1983 notice of suspension. Further, the January 17, 1983 suspension itself must be reconsidered, having first removed all reference to or reliance on the reprimand. If, upon such reconsideration, the Respondent concludes that the suspension should stand despite the "progressive discipline" reference in Thomas' suspension notice and the requirements of the parties' negotiated agreement, law and/or regulation, it may reaffirm the suspension. See Fort Ritchie. We shall thus modify the Judge's Order accordingly. V. Conclusion Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Statute, the Authority has reviewed the rulings of the Judge made at the hearing, finds that no prejudicial error was committed, and affirms those rulings. The Authority has considered the Judge's Decision, the exceptions to that Decision, the opposition to the exceptions, the positions of the parties, and the entire record, and adopts the Judge's findings, conclusions, and recommended Order as modified. /3/ We conclude that the Respondent, by basing disciplinary action against employee Derrick Thomas in part upon an earlier written reprimand which the Arbitrator had ordered be removed from the employee's record and not be used against him in any other proceeding, failed to comply with the Arbitrator's award, and that such action constituted a violation of section 7116(a)(1) and (8) of the Statute. 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, it is hereby ordered that the U.S. Department of Health and Human Services, Social Security Administration, Field Operations, New York Region shall: 1. Cease and desist from: (a) Failing or refusing to comply with the January 20, 1984 final award of Arbitrator Jonas Aarons. (b) Relying on the August 5, 1982 incident involving Derrick Thomas as a basis for imposing progressively severer penalties for other offenses in formal disciplinary actions. (c) In any like or related manner interfering with, restraining, or coercing its employees in the exercise of their rights assured by the Statute. 2. Take the following affirmative action in order to effectuate the purposes and policies of the Statute: (a) Comply with the January 20, 1984 final award of Arbitrator Jonas Aarons. (b) Remove all references to the August 5, 1982 incident that led to the reprimand of Derrick Thomas from his personnel file and from all formal disciplinary actions taken against him, including the January 17, 1983 notice of proposed suspension; reconsider the January 17, 1983 suspension, having first removed all reference to or reliance on the reprimand; and take appropriate action as required by the parties' negotiated agreement, by law and/or regulation. (c) Post at its facilities throughout the Respondent's New York Region 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 a responsible official of the Respondent, and shall be posted and maintained for 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) Pursuant to section 2423.30 of the Authority's Rules and Regulations, notify the Regional Director, Region II, Federal Labor Relations Authority, in writing, within 30 days from the date of this Order, as to what steps have been taken to comply. Issued, Washington, D.C., August 19, 1986. /s/ Jerry L. Calhoun Jerry L. Calhoun, Chairman /s/ Henry B. Frazier III Henry B. Frazier III, Member FEDERAL LABOR RELATIONS AUTHORITY NOTICE TO ALL EMPLOYEES PURSUANT TO A DECISION AND ORDER OF THE FEDERAL LABOR RELATIONS AUTHORITY AND IN ORDER TO EFFECTUATE THE POLICIES OF CHAPTER 71 OF TITLE 5 OF THE UNITED STATES CODE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS WE HEREBY NOTIFY OUR EMPLOYEES THAT: WE WILL NOT fail or refuse to comply with the January 20, 1984 final award of Arbitrator Jonas Aarons. WE WILL NOT rely on the August 5, 1982 incident involving Derrick Thomas as a basis for imposing progressively severer penalties for other offenses in formal disciplinary actions. WE WILL NOT in any like or related manner interfere with, restrain, or coerce our employees in the exercise of their rights assured by the Statute. WE WILL comply with the January 20, 1984 final award of Arbitrator Jonas Aarons. WE WILL remove all references to the August 5, 1982 incident that led to the reprimand of Derrick Thomas from his personnel file and from all formal disciplinary actions taken against him, including the January 17, 1983 notice of proposed suspension; reconsider the January 17, 1983 suspension, having first removed all reference to or reliance on the reprimand; and take appropriate action as required by the parties' negotiated agreement, by law and/or regulation. . . . (Agency or Activity Dated: . . . By: . . . (Signature) 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, Region II, Federal Labor Relations Authority, whose address is: 26 Federal Plaza, Room 3700, New York, New York 10278, and whose telephone number is: (212) 264-4934. -------------------- ALJ$ DECISION FOLLOWS -------------------- Case No. 2-CA-40376 U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, SOCIAL SECURITY ADMINISTRATION, FIELD OPERATIONS, NEW YORK REGION Respondent and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2369 Charging Party Thomqs H. Gabriel, Esquire For the Respondent Joseph Calafut For the Charging Party Allan W. Stadtmauer, Esquire For the General Counsel, FLRA Before: SAMUEL A. CHAITOVITZ Administrative Law Judge DECISION Statement of the Case 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., 92 Stat. 1191 (hereinafter referred to as the Statute) and the Rules and Regulations of the Federal Labor Relations Authority (FLRA), 5 C.F.R. Chapter XIV, Section 2410 et seq. An unfair labor practice charge was filed on June 15, 1984, and amended on July 31, 1984, by the American Federation of Government Employees, AFL-CIO, Local 2369, hereinafter called AFGE Local 2369, and the Charging Party, alleging that the U.S. Department of Health and Human Services, Social Security Administration, Field Operations, New York Region, herein called Respondent, violated the Statute. Based upon the foregoing, on July 27, 1984 the General Counsel of the FLRA, by the Regional Director of Region II, issued a Complaint and Notice of Hearing alleging that Respondent violated Section 7116(a)(1) and (8) of the Statute by failing to comply with an arbitrator's award. Respondent filed an Answer denying that it had violated the Statute. A hearing was conducted before the undersigned in New York, New York. Respondent, AFGE Local 2369 and General Counsel for the FLRA were represented and afforded full opportunity to be heard, to examine and cross-examine witnesses, to introduce evidence and to argue orally. The parties entered into extensive stipulations of fact. Post hearing briefs have been filed and have been considered. Based upon the entire record in this matter and from my evaluation of the evidence, I make the following: Findings of Fact At all times material to the matter, the American Federation of Government Employees, AFL-CIO, (AFGE) has been the certified exclusive representative of a consolidated nationwide unit of certain employees of Respondent, including all employees employed in the District and Branch Offices of the Social Security Administration in the states of New York and New Jersey, excluding all management personnel, professional employees, federal employees engaged in personnel work in other than a purely clerical capacity, guards and supervisors. AFGE has delegated to the National Council of SSA Field Operations Locals (Council) the Authority to act as its representative for the purposes of collective bargaining for certain of Respondent's employees at its Jersey City Teleservice Center, New Jersey and the Respondent has recognized the Council's delegation. During all times material herein, AFGE Local 2369 has acted as agent for the Council for the purposes of collective bargaining for the employees, among others, at Respondent's Jersey City Teleservice Center, New Jersey and Respondent has recognized this. Labor-management relations between AFGE and the Respondent have been and still are governed by a National Agreement which became effective on June 11, 1984. On or about August 10, 1982, Respondent gave Derrick Thomas, a unit employee and an on-site union representative in the Jersey City Teleservice Center, a written reprimand for improper conduct alleged to have occurred on August 5, 1982 at his work site. On or about August 25, 1982 AFGE Local 2369 filed a grievance on Thomas' behalf regarding the August 10th reprimand, and this grievance was processed to arbitration pursuant to the parties' negotiated grievance procedure. The arbitration was ultimately heard on December 27, 1983. By letter dated November 24, 1982, and while the arbitrator's decision was still pending on the August 10th reprimand, Respondent issued a proposal to suspend Thomas for a series of events which occurred prior thereto. The August 10th reprimand formed one of the bases for the proposed suspension which was characterized by Respondent as "progressive discipline." This procedure conformed with the parties' negotiated agreement. Ultimately, by letter dated January 17, 1983, Respondent suspended Thomas for two (2) days on February 8 and 9, 1983. On March 24, 1983, while his arbitration on the August 10th reprimand was still pending, Thomas chose to file an Equal Employment Opportunity (EEO) complaint with the Respondent concerning his suspension; he was represented by Charging Party. /4/ The EEO Complaint was processed within Respondent and was dismissed on January 26, 1984. The issue of Thomas' suspension was also brought to the attention of the Federal Labor Relations Authority by a charge filed in Case No. 2-CA-30260, alleging violations of Sections 7116(a)(2), (4), and (8) of the Statute. The charge was dismissed on the basis that the suspension had nothing to do with Thomas' function as a union representative. On or about January 20, 1984, pursuant to the parties' negotiated grievance and arbitration procedure, Arbitrator Jonas Aarons issued an arbitration award in FMCS Case No. 83K/10557 relating to Thomas' August 10th written reprimand. The award provided: There was not just cause for the reprimand issued to grievant on August 10, 1982, and such reprimand shall be removed from grievant's file, expunged completely, and may not be used against grievant in any other proceeding. In the penultimate paragraph of the opinion, which preceded the award, the arbitrator set forth the reasons for fashioning the award as he did. He stated: The reprimand has apparently been removed from grievant's SF-7B Extension File and the official Personnel Folder by the passage of time; however, the matter is not mooted thereby inasmuch as there was evidence that grievant had this reprimand used against him in another subsequent disciplinary proceeding to demonstrate progressive discipline. So that I will award hereinafter regarding the reprimand involved here that it is not only to be expunged from grievant's record but may not be used against him in any fashion. The only disciplinary action taken against Thomas subsequent to the August 10, 1982 reprimand was his proposed suspension of November 24, 1982, effectuated January 17, 1983. There have been no other disciplinary actions, at all, since November 24, 1982 proposed or taken. By letter dated January 24, 1984, shortly after Arbitrator Aarons issued his decision, AFGE Local 2369 requested that Respondent implement the award by, among other things, withdrawing its January 17, 1983 decision to suspend Thomas. By letter dated February 2, 1984, Respondent by its agent, Alex W. Bussey, SSA Assistant Regional Commissioner for Field Operations, declined to accede to the request to set aside the 2-day suspension. This letter states that there were numerous incidents to justify Thomas' January 13th suspension but does not enumerate what the incidents were. On or about February 20, 1984, the arbitrator's award became final and binding inasmuch as no exceptions had been filed by Respondent. On February 28, 1984, the AFGE local 2369 filed an unfair labor practice charge in Case No. 2-CA-40234. This charge, which alleged conduct similar to the conduct in this matter, was resolved on May 7, 1984, by means of a non-FLRA settlement which provided, inter alia, that "the reprimand received by Derrick Thomas on August 10, 1982 was overturned at the arbitration and will not be used by the Agency in any way to justify Mr. Thomas' suspension." On June 12, 1984, AFGE Local 2369 presented Case No. 021-084-X-0163 to the Equal Employment Opportunity Commission (EEOC) on behalf of Thomas. It was an appeal of Respondent's unfavorable EEO decision regarding his 2-day suspension. The hearing opened and closed on the same day and written closing arguments and/or statements were made by AFGE Local 2369 and Respondent on June 28, 1984 and July 6, 1984 respectively. During the course of the EEO hearing, the Respondent elicited testimony from its own witness testified that the suspension was not an EEO matter but rather was based, in part, upon Thomas' August 10, 1982 written reprimand and reflected the application of "progressive discipline." In its Closing Statement, dated July 6, 1984, Respondent remarked, inter alia, "We are certainly not using this matter against Mr. Thomas in these proceedings but merely are articulating our sound reasoning in arriving at the decision to suspend. At the time in question we were administering progressive discipline, pure and simple." At all times since the arbitrator's award was issued on January 20, 1984 and became final and binding on February 20, 1984, the January 17, 1983 suspension of Derrick Thomas has not been reversed and continues to remain in Thomas' permanent personnel record. Discussion and Conclusions Section 7122(a) of the Statute provides that exceptions to an arbitrator's award may be filed by either party to the arbitration. Section 7122(b) provides that "(1) if no exception . . . is filed under subsection (a) . . . during the 30 day period beginning on the dated of such award, the award shall be final and binding." Section 7122(b) provides that an agency must take the actions required by an arbitrator's award once that award has become final and binding, and defines a final and binding arbitrator's award as one to which no exceptions have been filed during the 30 day period following the service date of such award. Accordingly, where no timely exceptions to an arbitrator's award have been filed under Section 7122(a) of the Statute, an agency's subsequent failure or refusal to implement the award has been found to constitute a violation of Section 7116(a)(1) and (8) of the Statute. U.S. Soldiers' and Airmen's Home, Washington, D.C., 15 FLRA No. 26 (1984). See also U.S. Army Health Clinic, Fort Ritchie, Maryland, 9 FLRA 935 (1982); United States Marshals Service, 13 FLRA 351 (1983). Respondent, not having filed exceptions to the arbitrator's award was obliged on or about February 20, 1984, to comply with the award. To the extent the award required that all references to Thomas' reprimand be removed and expunged from Thomas' files and records, the award has been complied with. The sole issue remaining is whether the award requires Respondent to rescind Thomas' suspension. The arbitrator, in finding the reprimand was not justified, noted, in fashioning a remedy, that the matter was not moot because there was evidence that the grievant had the reprimand used against him in another subsequent disciplinary proceeding to demonstrate progressive discipline. Accordingly, the arbitrator stated that the reprimand must not only be "expunged from grievant's record but may not be used against him in any fashion." Since the only discipline Thomas received subsequent to the reprimand was the suspension, this must have been the subject of the arbitrator's reference. I conclude that the case is controlled by the FLRA's decision in U.S. Army Health Clinic, Fort Ritchie, Maryland, 9 FLRA No. 935 (1982) where in almost an identical situation the FLRA concluded that such an award by an arbitrator /3/ to be meaningful did require the recision of the suspension. It is clear, in the subject case that Respondent relied upon Thomas' reprimand in deciding to suspend him. It was part of the "progressive discipline." Respondent confirmed this in its testimony before in the EEO hearing. Thus the arbitrator's award clearly required, in the subject case, the recision of the suspension. Bussey's response that Thomas even absent the reprimand, because Thomas had engaged in "numerous incidents of insubordination" is totally unsupported. I conclude this letter does not, in the absence of any evidence of misconduct by Thomas, other than the reprimand incident and the incident that immediately precipitated the suspension, rebut the fact that Thomas suspension was based in part upon the reprimand and, absent the reprimand, because of its principal of "progressive discipline," Thomas would not have been suspended. U.S. Army Health Clinic, Fort Ritchie, Maryland, supra. Accordingly, I conclude Respondent violated Section 7116(a)(1) and (8) of the Statute by failing to comply with the Arbitrator's award. Based on the foregoing it is recommended that the 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 Statute, it is hereby ordered that the U.S. Department of Health shall: 1. Cease and desist from: (a) Failing or refusing to comply with the January 20, 1984 final award of Arbitrator Jonas Aaron or with any arbitrator's final award issued pursuant to the Federal Service Labor-Management Relations Statute. (b) Relying on August 5, 1982 incident involving Derrick Thomas as the basis for imposing progressively severer penalties for other offenses in formal disciplinary actions. (c) In any like or related manner failing or refusing to comply with any provision of the Federal Service Labor-Management Relations Statute. (d) In any like or related manner interfering with, restraining, or coercing employees for the exercise of any right under the Federal Service Labor-Management Relations Statute. 2. Take the following affirmative action in order to effectuate the purposes and policies of the Statute: (a) Comply with the January 20, 1984 final award of Arbitrator Jonas Aaron and any other arbitrator's final award issued pursuant to the Federal Service Labor-Management Relations Statute. (b) Revoke, rescind, and remove all references to the August 5, 1982 incident involving Derrick Thomas personnel file and from all formal disciplinary actions taken against Derrick Thomas including the January 17, 1983 notice of proposed suspension and revise such actions accordingly to the extent required by law and regulations, including rescinding the January 17, 1983 suspension. (c) Post at its Jersey City Teleservice Center facilities 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 a responsible official of U.S. Department of Health and Human Services, Social Security Administration, Field Operations, New York Region, and shall be posted and maintained by him for 60 consecutive days thereafter, in conspicuous places, including all bulletin boards and other places were notices to employees are customarily posted. The Official shall take reasonable steps to insure that such Notices are not altered, defaced, or covered by any other material. /s/ Samuel A. Chaitovitz SAMUEL A. CHAITOVITZ Administrative Law Judges Dated: September 12, 1985 Washington, D.C. --------------- FOOTNOTES$ --------------- (1) Section 7122(b) provides: Section 7122. Exceptions to arbitral awards (b) If no exception to an arbitrator's award is filed under subsection (a) of this section during the 30-day period beginning on the date the award is served on the party, the award shall be final and binding. An agency shall take the actions required by an arbitrator's final award. The award may include the payment of backpay (as provided in section 5596 of this title). (2) Section 7116(a)(1) and (8) provides: Section 7116. Unfair Labor practices (a) For the purpose of this chapter, it shall be an unfair labor practice for an agency -- (1) to interfere with, restrain, or coerce any employee in the exercise by the employee of any right under this chapter; . . . . . . . (8) to otherwise fail or refuse to comply with any provision of this chapter(.) (3) Paragraphs 1(a), 1(c) and 2(a) of the Judge's recommended Order also have been modified because we find portions of those paragraphs to be unnecessarily broad; they extend well beyond the circumstances of this case. (4) Article 18, Section 5, paragraph B, of the agreement, pertaining to Equal Employment Opportunity, provides as follows: An employee has the option of filing a complaint under the negotiated Grievance Procedure (Article 24), or under the agency EEO complaint procedure, but not both. EEO counselors will provide an inquiring employee a written description of both procedures. (5) The Arbitrator's award in the U.S. Army Health Clinic, Fort Ritchie Maryland, supra, did not even mention the intervening suspension. APPENDIX NOTICE TO ALL EMPLOYEES PURSUANT TO A DECISION AND ORDER OF THE FEDERAL LABOR RELATIONS AUTHORITY AND IN ORDER TO EFFECTUATE THE POLICIES OF CHAPTER 71 OF TITLE 5 OF THE UNITED STATES CODE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE WE HEREBY NOTIFY OUR EMPLOYEES THAT: WE WILL NOT fail or refuse to comply with the January 20, 1984 final award of Arbitrator Jonas Aaron or with any arbitrator's final award issued pursuant to the Federal Service Labor-Management Relations Statute. WE WILL NOT rely on August 5, 1982 incident involving Derrick Thomas as the basis for imposing progressively severer penalties for other offenses in formal disciplinary actions. WE WILL NOT in any like or related manner fail or refuse to comply with any provision of 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 any rights assured under the Federal Service Labor-Management Relations Statute. WE WILL comply with the January 20, 1984 final award of Arbitrator Jonas Aaron and any other arbitrator's final award issued pursuant to the Federal Service Labor-Management Relations Statute. WE WILL revoke, rescind, and remove all references to the August 5, 1982 incident involving Derrick Thomas personnel file and from all formal disciplinary actions taken against Derrick Thomas including the January 17, 1983 notice of proposed suspension and revise such actions accordingly to the extent required by law and regulations, including rescinding the January 17, 1983 suspension. ... (Agency or Activity) Dated: ... By: ... (Signature) 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 any of its provisions, they may communicate directly with the Regional Director of the Federal Labor Relations Authority, Region II, whose address is: 26 Federal Plaza, Room 2237, New York, New York 10278 and whose telephone number is: (212) 264-4934.