Antilles Consolidated School System and Antilles Consolidated Education Association (Authority decision, February 12, 1991)

Final FLRA decision. This is the Authority's final unfair labor practice order under 5 U.S.C. §§ 7116 and 7118. An aggrieved person may seek judicial review by filing a petition in an appropriate United States court of appeals within 60 days after issuance under 5 U.S.C. § 7123(a). Filing a petition does not stay the Authority's order unless the court orders a stay under 5 U.S.C. § 7123(c).

Plain-English summary

The Antilles Consolidated Education Association alleged that the school system denied an employee requested union representation during an examination he believed could lead to discipline. An administrative law judge found no refusal of representation and recommended dismissal. The General Counsel challenged the judge's witness credibility findings. The Authority reviewed the record and found no clear basis to overturn those findings. It adopted the judge's conclusions and dismissed the complaint.

Decision snapshot

• Authority: Representation during examinations under 5 U.S.C. § 7114(a)(2)(B) and unfair labor practices under § 7116(a)(1) and (8).
• Outcome: Complaint dismissed; judge's finding of no representation denial adopted.
• Key point: The Authority deferred to the hearing judge's credibility findings when the record did not clearly outweigh them.

Full text (FLRA public release)

[ v39 p496 ]
39:0496(40)CA

The decision of the Authority follows:

39 FLRA No. 40

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

ANTILLES CONSOLIDATED SCHOOL SYSTEM

(Respondent)

and

ANTILLES CONSOLIDATED EDUCATION
ASSOCIATION

(NEA/OEA)

(Charging Party/Union)

2-CA-00271

DECISION AND ORDER

February 12, 1991

Before Chairman McKee and Members Talkin and
Armendariz.

I. Statement of the Case

The Administrative Law Judge issued the attached decision in the above-entitled proceeding finding that the Respondent did not fail to comply with section 7114(a)(2)(B) and thereby violate section 7116(a)(1) and (8) of the Federal Service Labor-Management Relations Statute (the Statute) because Respondent did not, as alleged, refuse a request by an employee for representation at an examination which the employee reasonably believed might result in disciplinary action against him. The Judge recommended that the complaint be dismissed. The General Counsel filed exceptions to the Judge's decision. The Respondent did not file an opposition to the General Counsel's exceptions.

In effect, the General Counsel excepts to the credibility resolutions of the Judge on which his findings of fact are based. The demeanor of witnesses is an important factor in resolving issues of credibility. Only the Judge has had the benefit of observing the witnesses while they testified. We will not overrule a judge's determination regarding credibility of witnesses unless a clear preponderance of all the relevant evidence demonstrates that the determination was incorrect. We have examined the record carefully and find no basis for reversing the Judge's credibility findings. Department of the Air Force, Sacramento Air Logistics Center, McClellan Air Force Base, California, 35 FLRA 345, 346 n.1 (1990).

Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Statute, we have reviewed the rulings of the Judge made at the hearing. Consistent with the foregoing discussion we find that no prejudicial error was committed and we affirm the rulings.

Upon consideration of the Judge's Decision and the entire record, we adopt the Judge's findings, conclusions and recommended Order.

II. Order

The Complaint in this case is dismissed.

FOOTNOTES:
(If blank, the decision does not
have footnotes.)