General Services Administration, National Capital Region (Respondent) and National Federation of Federal Employees (Charging Party)
[ v04 p502 ]
04:0502(69)CA
The decision of the Authority follows:
4 FLRA No. 69 GENERAL SERVICES ADMINISTRATION, NATIONAL CAPITAL REGION Respondent and NATIONAL FEDERATION OF FEDERAL EMPLOYEES Charging Party Case No. 3-CA-229 DECISION AND ORDER THE ADMINISTRATIVE LAW JUDGE ISSUED HIS RECOMMENDED DECISION AND ORDER IN THE ABOVE-ENTITLED PROCEEDING FINDING THAT RESPONDENT HAD ENGAGED IN AN UNFAIR LABOR PRACTICE, AND RECOMMENDING THAT IT CEASE AND DESIST THEREFROM AND TAKE CERTAIN AFFIRMATIVE ACTIONS AS SET FORTH IN THE ATTACHED ADMINISTRATIVE LAW JUDGE'S RECOMMENDED DECISION AND ORDER. THEREAFTER, THE GENERAL COUNSEL FILED EXCEPTIONS TO THE ADMINISTRATIVE LAW JUDGE'S RECOMMENDED DECISION AND ORDER, BUT NO EXCEPTIONS THERETO WERE FILED BY THE RESPONDENT. THEREFORE, PURSUANT TO SECTION 2423.29 OF THE AUTHORITY'S RULES AND REGULATIONS (5 CFR 2423.29) AND SECTION 7118 OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C. 7101-7135), THE AUTHORITY HAS REVIEWED THE RULINGS OF THE ADMINISTRATIVE LAW JUDGE MADE AT THE HEARING AND FINDS THAT NO PREJUDICIAL ERROR WAS COMMITTED. THE RULINGS ARE HEREBY AFFIRMED. UPON CONSIDERATION OF THE ADMINISTRATIVE LAW JUDGE'S RECOMMENDED DECISION AND ORDER, AND THE ENTIRE RECORD IN THE SUBJECT CASE, INCLUDING THE GENERAL COUNSEL'S EXCEPTIONS, AND NOTING PARTICULARLY THAT NO EXCEPTIONS WERE FILED BY THE RESPONDENT, THE AUTHORITY HEREBY ADOPTS THE ADMINISTRATIVE LAW JUDGE'S FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS. ORDER PURSUANT TO SECTION 2423.29 OF THE FEDERAL LABOR RELATIONS AUTHORITY RULES AND REGULATIONS AND SECTION 7118 OF THE STATUTE, THE AUTHORITY HEREBY ORDERS THAT THE GENERAL SERVICES ADMINISTRATION, NATIONAL CAPITAL SHALL: 1. CEASE AND DESIST FROM: (A) INTERFERING WITH, RESTRAINING, OR COERCING EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY THE STATUTE BY CONVEYING THE IMPRESSION THAT THEIR CONDUCT WILL BE MORE CLOSELY MONITORED AS A RESULT OF FILING AN UNFAIR LABOR PRACTICE CHARGE UNDER THE STATUTE. (B) IN ANY LIKE OR RELATED MANNER INTERFERING WITH, RESTRAINING OR COERCING ITS EMPLOYEES IN THE EXERCISE OF RIGHTS ASSURED BY THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE. 2. TAKE THE FOLLOWING AFFIRMATIVE ACTION: (A) POST AT ITS NATIONAL CAPITAL REGION, COPIES OF THE ATTACHED NOTICE MARKED "APPENDIX." COPIES OF SAID NOTICE, TO BE FURNISHED BY THE REGIONAL DIRECTOR FOR REGION 3, AFTER BEING SIGNED BY AN AUTHORIZED REPRESENTATIVE, SHALL BE POSTED BY IT IMMEDIATELY UPON RECEIPT THEREOF, AND BE MAINTAINED BY IT FOR 60 CONSECUTIVE DAYS THEREAFTER, IN CONSPICUOUS PLACES, INCLUDING ALL PLACES WHERE NOTICES TO EMPLOYEES ARE CUSTOMARILY POSTED. REASONABLE STEPS SHALL BE TAKEN TO INSURE THAT SAID NOTICES ARE NOT ALTERED, DEFACED, OR COVERED BY ANY OTHER MATERIAL. (B) NOTIFY THE REGIONAL DIRECTOR FOR REGION 3, IN WRITING, WITHIN 30 DAYS FROM THE DATE OF THIS ORDER WHAT STEPS IT HAS TAKEN TO COMPLY HEREWITH. ISSUED, WASHINGTON, D.C., OCTOBER 23, 1980 RONALD W. HAUGHTON, CHAIRMAN HENRY B. FRAZIER III, MEMBER LEON B. APPLEWHAITE, MEMBER FEDERAL LABOR RELATIONS AUTHORITY 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 WE HEREBY NOTIFY OUR EMPLOYEES THAT: WE WILL NOT INTERFERE WITH, RESTRAIN, OR COERCE EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY THE STATUTE BY CONVEYING THE IMPRESSION THAT THEIR CONDUCT WILL BE MORE CLOSELY MONITORED AS A RESULT OF FILING AN UNFAIR LABOR PRACTICE CHARGE UNDER THE STATUTE. WE WILL NOT IN ANY LIKE OR RELATED MANNER INTERFERE WITH, RESTRAIN, OR COERCE ANY EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY THE STATUTE. . . . (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 FOR THE FEDERAL LABOR RELATIONS AUTHORITY, WHOSE ADDRESS IS: 1133 15TH STREET, N.W., SUITE 300, WASHINGTON, D.C. 20005 AND WHOSE TELEPHONE NUMBER IS (202) 653-8452. -------------------- ALJ$ DECISION FOLLOWS -------------------- EDWARD P. DENNEY FOR THE RESPONDENT ANA DE LA TORRE, ESQUIRE PETER B. ROBB, ESQUIRE FOR THE GENERAL COUNSEL BEFORE: SALVATORE J. ARRIGO 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. 7101 ET SEQ. UPON AN UNFAIR LABOR PRACTICE CHARGE FILED BY THE NATIONAL FEDERATION OF FEDERAL EMPLOYEES (THE UNION) ON MAY 17, 1979, AGAINST GENERAL SERVICES ADMINISTRATION, NATIONAL CAPITAL REGION, /1/ THE GENERAL COUNSEL OF THE AUTHORITY, BY THE REGIONAL DIRECTOR FOR REGION 3, ISSUED A COMPLAINT AND NOTICE OF HEARING ON JANUARY 31, 1980, ALLEGING THAT RESPONDENT HAD ENGAGED IN AND IS ENGAGING IN UNFAIR LABOR PRACTICES WITHIN THE MEANING OF SECTIONS 7116(A)(1) AND (4) OF THE STATUTE. THE COMPLAINT ALLEGES THAT ON MAY 7, 1979, RESPONDENT THROUGH ITS AGENT PETER BOULAY INSTRUCTED SUPERVISORS AMON COMFORT AND WILLIAM KORNEGAY TO KEEP A CLOSE SURVEILLANCE ON ROBERT REESE BECAUSE REESE WAS NAMED AS A DISCRIMINATEE IN A PRIOR UNFAIR LABOR PRACTICE CHARGE FILED AGAINST RESPONDENT AND HAD FULLY PARTICIPATED IN THE AUTHORITY'S INVESTIGATION OF THAT CHARGE. RESPONDENT DENIES THE ALLEGATIONS. A HEARING ON THE COMPLAINT HEREIN WAS CONDUCTED ON MARCH 4, 1980, IN WASHINGTON, D.C., AT WHICH TIME THE GENERAL COUNSEL AND RESPONDENT WERE REPRESENTED AND AFFORDED FULL OPPORTUNITY TO ADDUCE EVIDENCE AND CALL, EXAMINE AND CROSS-EXAMINE WITNESSES AND ARGUE ORALLY. BRIEFS WERE FILED BY COUNSEL FOR THE GENERAL COUNSEL AND RESPONDENT. UPON THE ENTIRE RECORD IN THIS MATTER, MY OBSERVATION OF THE WITNESSES AND THEIR DEMEANOR, AND FROM MY EVALUATION OF THE EVIDENCE, I MAKE THE FOLLOWING: FINDINGS OF FACT ON MAY 2, 1979, THE UNION FILED AN UNFAIR LABOR PRACTICE CHARGE AGAINST RESPONDENT ALLEGING THAT EMPLOYEE ROBERT REESE, A STEWARD IN THE UNION'S LOCAL 1800, WAS DENIED A PROMOTION BECAUSE OF HIS UNION ACTIVITIES. /2/ REESE HAD BEEN THE LOCAL'S CHIEF STEWARD SINCE APRIL 1978 AND WAS VERY ACTIVE IN PROCESSING GRIEVANCES AND ASSISTING OTHER UNION STEWARDS IN THEIR REPRESENTATIONAL ACTIVITIES. REESE, A GS-11 INVENTORY MANAGEMENT SPECIALIST WITH RESPONDENT, WAS ELIGIBLE FOR A PROMOTION IN FEBRUARY 1979 AND WHEN THE PROMOTION FAILED TO MATERIALIZE THE UNION FILED THE UNFAIR LABOR PRACTICE ON HIS BEHALF. THE CHARGE CAME TO THE ATTENTION OF PETER BOULAY, RESPONDENT'S ASSISTANT REGIONAL ADMINISTRATOR FOR SUPPLY, AND ON MAY 7, 1979, BOULAY ASSEMBLED VARIOUS SUPERVISORY PERSONNEL INCLUDING AMON COMFORT, REESE'S SECOND-LINE SUPERVISOR AND WILLIAM KORNEGAY, REESE'S FIRST-LINE SUPERVISOR. BOULAY CALLED THE MEETING TO ASCERTAIN WITHER THE UNFAIR LABOR PRACTICE CHARGE HAD ANY VALIDITY AND TO DETERMINE THE CIRCUMSTANCES WHICH LED UP TO THE CHARGE. DURING THE DISCUSSION WHICH ENSUED COMFORT DENIED THAT REESE FAILED TO RECEIVE THE PROMOTION BECAUSE OF UNION ACTIVITIES, EXPLAINING THAT REESE WAS NOT RECOMMENDED FOR PROMOTION BASICALLY BECAUSE OF HIS LACK OF DEPENDABILITY. COMFORT EXPLAINED THAT REESE HABITUALLY LEFT HIS DUTY STATION WITHOUT ANNOUNCING HIS WHEREABOUTS AND HIS SUPERVISORS WOULD NOT KNOW WHERE HE WAS FOR LONG PERIODS OF TIME. FURTHER, COMFORT COMPLAINED THAT REESE TOOK EXTENDED LUNCH AND RELIEF BREAKS AND EVERY YEAR WENT INTO A NEGATIVE SICK AND ANNUAL LEAVE STATUS. COMFORT ALSO EXPLAINED THAT REESE WAS SOMETIMES LOUD AND BOISTEROUS AND A PROBLEM ALSO EXISTED WITH REESE NOT COMPLETING HIS WORK ASSIGNMENTS IN A TIMELY FASHION. COMFORT ADDED THAT HE WAS ATTEMPTING TO CORRECT REESE'S NEGATIVE WORK HABITS AND THAT REESE HAD THE POTENTIAL TO BE A GOOD EMPLOYEE WHO WOULD BE RECOMMENDED FOR PROMOTION WHEN REESE RECTIFIED HIS DEFICITS. /3/ BOULAY HAD PREVIOUSLY DISCUSSED REESE'S DEFICIENCIES WITH COMFORT AND KORNEGAY AND BECAME AWARE THAT REESE WAS A "PROBLEM EMPLOYEE" SHORTLY AFTER BOULAY BECAME ASSOCIATED WITH REESE'S WORK AREA IN OCTOBER 1978. DURING THOSE PRIOR OCCASIONS BOULAY ENCOURAGED REESE'S SUPERVISORS TO DOCUMENT THE SPECIFICS OF REESE'S UNACCEPTABLE CONDUCT. AT THE MAY 7, 1979, MEETING BOULAY INSTRUCTED HIS SUPERVISORS, AS HE HAD DONE PREVIOUSLY, THAT WHENEVER THEY HAD COMPLAINTS ABOUT AN EMPLOYEE, INFRACTIONS WERE TO BE ADEQUATELY DOCUMENTED IN ORDER TO SUPPORT TAKING DISCIPLINARY ACTION AGAINST THAT EMPLOYEE. BOULAY INSISTED HE WANTED "THESE THINGS DOCUMENTED." ANOTHER SUPERVISOR AT THE MEETING INTERJECTED THAT REESE COULD NOT BE SINGLED OUT FOR THIS TREATMENT AND BOULAY AGREED. COMFORT ADDED THAT THEY HAD BEEN DOCUMENTING REESE'S NEGATIVE WORK HABITS AND SUGGESTED THAT THIS INFORMATION SIMPLY HADN'T REACHED BOULAY'S LEVEL OF MANAGEMENT. ON THAT SAME DAY OR THE FOLLOWING DAY REESE WAS CALLED TO A MEETING WITH COMFORT AND KORNEGAY. /4/ COMFORT TOLD REESE THAT HE AND KORNEGAY HAD MET WITH BOULAY REGARDING REESE'S UNFAIR LABOR PRACTICE CHARGE AND DISCUSSED HIS UNACCEPTABLE WORK HABITS. COMFORT TOLD REESE THAT BOULAY INSTRUCTED THEM TO WATCH REESE AND TO DOCUMENT HIS MOVEMENTS. COMFORT SAID HE WAS NOT IN FAVOR OF DOING THIS BUT WOULD IF BOULAY INSISTED. REESE WAS TOLD THAT HE WOULD HAVE TO LET HIS SUPERVISORS KNOW EXACTLY WHERE HE WAS GOING WHEN HE LEFT THE WORK AREA. REESE ASKED IF THAT INCLUDED GOING TO THE MEN'S ROOM AND THE REPLY WAS "YES." COMFORT THEN ADVISED REESE THAT IF HE DIDN'T "WATCH HIS STEP" THERE WAS A POSSIBILITY THAT HE MIGHT BE FIRED. COMFORT ADDED THAT HE THOUGHT "THEY" WERE TRYING TO FIRE REESE. WHEN ASKED BY REESE IF HE WAS GOING TO KEEP A "BOOK" ON HIM, COMFORT REPLIED THAT HE DIDN'T KNOW. REESE ASKED IF HE HAD BEEN "SINGLED OUT" AND COMFORT REPLIED IN THE NEGATIVE. REESE AND KORNEGAY LEFT COMFORT'S OFFICE TOGETHER. REESE ASKED KORNEGAY WHAT HIS FEELINGS WERE IN THE MATTER AND KORNEGAY INDICATED THAT WHILE IT WASN'T HIS IDEA, HE WOULD DO WHAT WAS REQUIRED OF HIM. SOMETIME AFTER THE FILING OF THE INSTANT UNFAIR LABOR PRACTICE CHARGE ON MAY 17, 1979, WHICH SPECIFICALLY ALLEGED THAT BOULAY DIRECTED COMFORT TO "DOCUMENT EVERY MOVE . . . REESE . . . MADE," COMFORT MENTIONED TO REESE THAT HE HAD BEEN "CHEWED OUT" BY BOULAY FOR GIVING REESE "TOO MUCH INFORMATION." PRIOR TO THE MEETING BETWEEN REESE, COMFORT AND KORNEGAY, DESCRIBED ABOVE, WHEN REESE LEFT HIS WORK PLACE TO PURSUE UNION REPRESENTATIONAL BUSINESS REESE FOLLOWED THE PROCEDURE OF INFORMING KORNEGAY WHERE HE WAS GOING AND WHEN HE EXPECTED TO RETURN. ALTHOUGH BEING COUNSELLED FROM TIME TO TIME FOR EXCESSIVE USE OF OFFICIAL TIME TO ENGAGE IN REPRESENTATIONAL DUTIES, NORMALLY LITTLE CONCERN WAS EXPRESSED IF REESE OVERSTAYED HIS ANTICIPATED TIME OF RETURN FROM THESE TRIPS. HOWEVER, AFTER THE MEETING WHEN REESE WOULD INDICATE HE WAS NEEDED OUT OF THE OFFICE FOR UNION BUSINESS, HE WAS MORE CLOSELY QUESTIONED AS TO WHERE HE WAS GOING AND HOW LONG HE EXPECTED TO BE AWAY. FURTHER, HE WAS THEREAFTER FREQUENTLY REMINDED OF THE 30 MINUTE LIMITATION PLACED ON ALL UNION REPRESENTATIVES' ACTIVITIES ALTHOUGH HE WAS NOT STRICTLY HELD TO SUCH TIME AND UPON RETURNING TO HIS WORK STATION REESE WAS QUESTIONED BY KORNEGAY MORE CLOSELY THAN PREVIOUSLY ABOUT HIS WHEREABOUTS WHEN EXCEEDING THE TIME HE ESTIMATED HE WOULD BE GONE FROM THE WORK PLACE. IN ADDITION, AFTER THE MEETING WITH HIS SUPERVISORS, REESE'S WORK WAS CHECKED SOMEWHAT MORE FREQUENTLY AND THE INSPECTIONS OF HIS WORK FILES NOW OCCURRED AT HIS DESK AS OPPOSED TO THE PRIOR PROCEDURE OF HAVING HIS WORK REVIEWED IN COMFORT'S OFFICE. DISCUSSION AND CONCLUSIONS THE COMPLAINT ALLEGES AND RESPONDENT DENIES THAT RESPONDENT VIOLATED THE STATUTE BY ORDERING ITS SUPERVISORS TO KEEP A CLOSE SURVEILLANCE ON EMPLOYEE REESE BECAUSE REESE HAD FILED AN UNFAIR LABOR PRACTICE CHARGE AGAINST RESPONDENT. I CONCLUDE THAT COUNSEL FOR THE GENERAL COUNSEL HAS NOT ESTABLISHED BY A PREPONDERANCE OF EVIDENCE THAT ANY REPRISAL WAS TAKEN AGAINST REESE FOR HIS HAVING FILED AN UNFAIR LABOR PRACTICE CHARGE. IT IS ACKNOWLEDGE THAT RESPONDENT'S SUPERVISORS MET ON MAY 7, 1979, TO CONSIDER REESE'S UNFAIR LABOR PRACTICE CHARGE, REGARDING HIS FAILURE TO RECEIVE A PROMOTION. IT IS ALSO ADMITTED THAT REESE'S ACTIONS AS AN EMPLOYEE WERE REVIEWED AT THAT MEETING. HOWEVER, OTHER THAN BEING THE OCCASION FOR THE MEETING THERE IS NO EVIDENCE THAT THE UNFAIR LABOR PRACTICE CHARGE WAS DISCUSSED FURTHER OR PLAYED ANY PART IN THE DISCUSSION WHICH ENSUED CONCERNING REESE'S WORK HABITS, A NATURAL OUTGROWTH OF COMFORT'S STATEMENTS TO BOULAY AS TO WHY HE HAD NOT RECOMMENDED REESE FOR PROMOTION. BOULAY, ALREADY AWARE THAT REESE WAS A "PROBLEM EMPLOYEE," WAS OBVIOUSLY DISMAYED THAT HIS SUBORDINATES HAD ALLOWED REESE TO CONTINUE ON WITH HIS POOR WORK HABITS AND EXCESSES. THUS, BOULAY INSISTED HIS SUPERVISORS CONFORM TO HIS PAST INSTRUCTIONS TO DOCUMENT INFRACTIONS IN ORDER TO SUPPORT DISCIPLINARY ACTION AND, IN EFFECT, CARRY OUT THEIR SUPERVISORY RESPONSIBILITIES. BOULAY'S INSTRUCTIONS CONCERNING DOCUMENTATION WERE NO DOUBT UTTERED WITH SOME DEGREE OF ENTHUSIASM. INDEED, BOULAY ACKNOWLEDGED AT THE HEARING THAT WHILE HE DID NOT UTTER THE PRECISE WORDS, KEEPING A "CLOSE SURVEILLANCE" ON REESE COULD HAVE BEEN INTERPRETED FROM HIS INSTRUCTIONS TO REESE'S SUPERVISORS. TRUE, AFTER REESE FILED HIS CHARGE MANAGEMENT DISCUSSED HIS ON THE JOB CONDUCT AND THE DISCUSSION RESULTED IN MORE STRINGENT CONTROLS BEING PLACED ON HIS ACTIONS. THE TIMING, OF COURSE, GIVES RISE TO THE SUSPICION THAT A REPRISAL WAS TAKEN AGAINST REESE BECAUSE HE FILED THE CHARGE. HOWEVER, SUSPICION IS NOT PROOF. RESPONDENT'S REASONABLE EXPLANATION OF EVENTS, WHEN VIEWED IN THE CONTEXT OF ALL THE CIRCUMSTANCES INCLUDING REESE'S WORK HISTORY AND THE ABSENCE OF EVIDENCE OF GENERAL UNION ANIMUS OR PRIOR HOSTILITY TOWARDS REESE BASED ON HIS UNION ACTIVITIES, LEADS ME TO FIND THAT BOULAY'S ORDERS FOR DOCUMENTATION WERE NOT GIVEN AS A REPRISAL AGAINST REESE FOR FILING THE CHARGE. ACCORDINGLY, I CONCLUDE THAT THE EVIDENCE IS INSUFFICIENT TO ESTABLISH THAT BOULAY'S CONDUCT CONSTITUTED A VIOLATION OF SECTION 7116(A)(1) OF THE STATUTE. NEVERTHELESS, I CONCLUDE THAT COMFORT'S STATEMENT TO REESE DURING HIS MEETING WITH REESE AND KORNEGAY SHORTLY AFTER MAY 7 VIOLATED THE STATUTE. CLEARLY MANAGEMENT HAS THE RIGHT TO REQUIRE THAT EMPLOYEES FULFILL THEIR WORK OBLIGATIONS AND COMPLY WITH STANDARDS OF JOB PERFORMANCE. PRIOR TO THE BOULAY MEETING REESE WAS ABUSING THE GROUND RULES FOR ABSENCES IN PERFORMING HIS UNION REPRESENTATIONAL DUTIES AND WAS COUNSELLED FOR SUCH CONDUCT BUT APPARENTLY WITHOUT SUCCESS. MANAGEMENT WAS THEREFORE PRIVILEGED TO TAKE FURTHER ACTION TO ASSURE COMPLIANCE WITH THE ACCEPTED UNIFORM POLICY IN THIS REGARD. HOWEVER, WHEN COMFORT INFORMED REESE OF THE MEETING WITH BOULAY HE LINKED, PERHAPS INADVERTENTLY, REESE'S FILING OF THE UNFAIR LABOR PRACTICE CHARGE WITH BOULAY'S INSTRUCTION TO DOCUMENT REESE'S FUTURE MOVEMENTS. UNDER THESE CIRCUMSTANCES REESE COULD FAIRLY INTERPRET THAT RESPONDENT'S PRESENT CONCERN WITH HIS MOVEMENTS RESULTED FROM HIS FILING THE CHARGE. THUS, DUE TO THE MANNER IN WHICH COMFORT CONVEYED MANAGEMENT'S DISPLEASURE WITH REESE'S CONDUCT, COMFORT CREATED THE IMPRESSION THAT REESE'S FILING THE UNFAIR LABOR PRACTICE CHARGE WAS THE REASON FOR HIS SUPERVISORS NOW GIVING CLOSE ATTENTION TO HIS ACTIVITIES. THIS IN MY VIEW CONSTITUTED INTERFERENCE, RESTRAINT AND COERCION UPON REESE IN THE GENERAL EXERCISE OF HIS RIGHT TO PERFORM HIS DUTIES AS UNION STEWARD, A RIGHT PROTECTED BY THE STATUTE. ACCORDINGLY, I CONCLUDE THAT BY THIS CONDUCT RESPONDENT VIOLATED SECTION 7116(A)(1) OF THE STATUTE. /5/ HAVING FOUND AND CONCLUDED THAT RESPONDENT VIOLATED SECTION 7116(A)(1) OF THE STATUTE, I RECOMMEND THE AUTHORITY ISSUE THE FOLLOWING: ORDER PURSUANT TO SECTION 7118(A)(7) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE AND SECTION 2423.29 OF THE FINAL RULES AND REGULATIONS, IT IS HEREBY ORDERED THAT GENERAL SERVICES ADMINISTRATION, NATIONAL CAPITAL REGION SHALL: 1. CEASE AND DESIST FROM: (A) INTERFERING WITH, RESTRAINING, OR COERCING EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY THE STATUTE BY CONVEYING THE IMPRESSION THAT THEIR CONDUCT WILL BE MORE CLOSELY MONITORED AS A RESULT OF FILING AN UNFAIR LABOR PRACTICE CHARGE UNDER THE STATUTE. 2. TAKE THE FOLLOWING AFFIRMATIVE ACTION DESIGNED AND FOUND NECESSARY TO EFFECTUATE THE POLICIES OF THE STATUTE: (A) POST AT ITS NATIONAL CAPITAL REGION, COPIES OF THE ATTACHED NOTICE MARKED "APPENDIX." COPIES OF SAID NOTICE, TO BE FURNISHED BY THE REGIONAL DIRECTOR FOR REGION 3, AFTER BEING SIGNED BY AN AUTHORIZED REPRESENTATIVE, SHALL BE POSTED BY IT IMMEDIATELY UPON RECEIPT THEREOF, AND BE MAINTAINED BY IT FOR 60 CONSECUTIVE DAYS THEREAFTER, IN CONSPICUOUS PLACES, INCLUDING ALL PLACES WHERE NOTICES TO EMPLOYEES ARE CUSTOMARILY POSTED. REASONABLE STEPS SHALL BE TAKEN TO INSURE THAT SAID NOTICES ARE NOT ALTERED, DEFACED, OR COVERED BY ANY OTHER MATERIAL. (B) NOTIFY THE REGIONAL DIRECTOR FOR REGION 3, IN WRITING, WITHIN 30 DAYS FROM THE DATE OF THIS ORDER, WHAT STEPS IT HAS TAKEN TO COMPLY HEREWITH. SALVATORE J. ARRIGO ADMINISTRATIVE LAW JUDGE DATED: MAY 30, 1980 WASHINGTON, D.C. 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 WE HEREBY NOTIFY OUR EMPLOYEES THAT: WE WILL NOT INTERFERE WITH, RESTRAIN OR COERCE OUR EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY THE STATUTE BY CONVEYING THE IMPRESSION THAT THEIR CONDUCT WILL BE MORE CLOSELY MONITORED AS A RESULT OF FILING AN UNFAIR LABOR PRACTICE CHARGE UNDER THE STATUTE. (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, FEDERAL LABOR RELATIONS AUTHORITY, WHOSE ADDRESS IS: 1133 15TH STREET, N.W., SUITE 300, WASHINGTON, D.C. 20005 AND WHOSE TELEPHONE NUMBER IS (202) 653-8452. --------------- FOOTNOTES$ --------------- /1/ THE NAME OF RESPONDENT APPEARS AS AMENDED AT THE HEARING. /2/ CASE NO. 3-CA-186, THE MERITS OF WHICH ARE NOT AT ISSUE HEREIN. /3/ FOR A SUBSTANTIAL PERIOD OF TIME PRIOR TO THIS MEETING REESE HAD BEEN COUNSELLED BY COMFORT OR KORNEGAY ON NUMEROUS OCCASIONS. THE TOPICS FOR THE COUNSELLINGS PRIMARILY INCLUDED EXCESSES IN THE USE OF OFFICIAL TIME FOR UNION REPRESENTATIONAL ACTIVITIES AND, TO A LESSER EXTENT, NOT KEEPING UP WITH HIS WORK. /4/ THIS VERSION IS TAKEN LARGELY FROM THE TESTIMONY OF REESE WHICH I CREDIT TO A SUBSTANTIAL DEGREE ALTHOUGH HE SEEMED INCLINED TO EMPHASIZE AND DE-EMPHASIZE EVENTS ACCORDING TO WHAT APPEARED MOST BENEFICIAL TO HIMSELF AND PRESENTED HIS TESTIMONY IN A SOMEWHAT DISJOINTED FASHION. IN SO FINDING I HAVE NOTED THAT KORNEGAY TESTIFIED AT THE HEARING BUT NO TESTIMONY WAS ELICITED FROM HIM RELATIVE TO SPECIFICALLY WHAT TRANSPIRED AT THIS MEETING. FURTHER, I FOUND COMFORT'S ACCOUNT OF WHAT OCCURRED TOO ABBRIEVIATED TO RELY UPON ENTIRELY. I RECOGNIZE THAT FRAGMENTARY ACCOUNTS OF EVENTS SOMETIMES RESULT FROM FAULTY MEMORY, DIMINISHED ARTICULATION DUE TO THE CIRCUMSTANCES OF A TRAIL AND INADVERTENCE. IN ANY EVENT, IN REACHING THIS AND OTHER CREDIBILITY RESOLUTIONS INHERENT IN THE FACTUAL FINDINGS HEREIN I HAVE TAKEN PARTICULAR NOTE OF THE FAILURE TO DENY OR EXPLAIN SIGNIFICANT ADVERSE TESTIMONY AND THE LACK OF CORROBORATION WHERE ONE MIGHT EXPECT IT TO BE PRODUCED, IF AVAILABLE. /5/ ALTHOUGH THE COMPLAINT CONTAINED NO SPECIFIC ALLEGATION WITH REGARD TO COMFORT'S MEETING WITH REESE, THE DISCUSSION WAS AN ADJUNCT TO THE MATTER SET FORTH IN THE COMPLAINT AND WAS AN ISSUE IN CONTENTION AND LITIGATED AT THE HEARING.