SOCIAL SECURITY ADMINISTRATION, STOCKTON, CALIFORNIA and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 3172, AFL-CIO

 

FEDERAL LABOR RELATIONS AUTHORITY
Office of Administrative Law Judges
WASHINGTON, D.C.
 
 
SOCIAL SECURITY ADMINISTRATION
STOCKTON, CALIFORNIA
 
                     RESPONDENT
 
 
AND
 
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
LOCAL 3172, AFL-CIO
 
                     CHARGING PARTY
Case No. SF-CA-12-0107
             OALJ 13-03
 
 
Robert Bodnar, Esq.
               For the General Counsel
 
Eric Garcia, Esq.
                For the Respondent
 
Sylvia D. Norman, President, AFGE, Local 3127
                For the Charging Party
 
Before:    CHARLES R. CENTER     
                Chief Administrative Law Judge
 
 
DECISION AND ORDER REMANDING CASE
 

On December 16, 2011, the American Federation of Government Employees, Local 3172, AFL-CIO (Union/Charging Party), filed an unfair labor practice charge against the Social Security Administration, Stockton, California (Respondent). On June 28, 2012, the Regional Director of the San Francisco Region, Federal Labor Relations Authority, issued a Complaint and Notice of Hearing alleging that the Respondent violated section 7116(a)(1) and (5) of the Federal Service Labor-Management Relations Statute (Statute). On July 23, 2012, the Respondent filed an Answer in which it admitted some of the allegations, but asserted that it did not violate the Statute as alleged.
 
A hearing in the matter was held on September 7, 2012, in Stockton, California. At the hearing, all parties were represented and afforded an opportunity to be heard, to introduce evidence, and to examine witnesses. After the taking of testimony and introduction of evidence, the General Counsel and the Respondent filed a Motion to Recess and Reconvene the Hearing on November 28, 2012, when additional witnesses would be available. On September 26, 2012, I granted the motion to reconvene the hearing.
 
On November 15, 2012, the General Counsel filed a Motion Requesting Permission to Withdraw Complaint pursuant to 5 C.F.R. § 2423.31(e)(1) of the Federal Labor Relations Authority’s (Authority) Rules and Regulations. In its motion, the General Counsel states that the parties reached an informal settlement agreement upon the subject matter of the complaint.  As settlement of this case under terms and conditions amicably determined by the parties effectuates the purposes and policies of the Statute, permission to withdraw the complaint is granted and the complaint is hereby remanded to the Regional Director for further action consistent with the parties’ negotiated settlement agreement.
 

ORDER
 
Pursuant to 5 C.F.R. § 2423.31(e)(1) of the Authority’s Rules and Regulations, permission to withdraw the complaint is GRANTED. 
 
The case is hereby remanded to the Regional Director for further action as she deems appropriate to effectuate the purposes and policies of the Statute.