Department of Health and Human Services, Social Security Administration, New York Region and American Federation of Government Employees (Authority decision, January 22, 1990)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority dismissing an unfair labor practice complaint under 5 U.S.C. § 7116. 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

A supervisor issued a written reprimand to a Social Security Administration union steward for alleged disobedience and insubordination. An unfair labor practice complaint alleged that the reprimand violated the federal labor statute. An administrative law judge found no violation and recommended dismissal. The General Counsel and union challenged some of the judge's credibility findings, but the Authority found no clear preponderance of evidence showing they were wrong. It adopted the judge's decision and dismissed the complaint.

Decision snapshot

• Authority: Unfair labor practice allegations under 5 U.S.C. § 7116(a)(1) and (2).
• Outcome: Judge's dismissal adopted; unfair labor practice complaint dismissed.
• Key point: The record did not justify reversing the judge's witness credibility findings.

Full text (FLRA public release)

[ v34 p506 ]
34:0506(84)NG

The decision of the Authority follows:

34 FLRA NO. 84

DEPARTMENT OF HEALTH AND HUMAN SERVICES

SOCIAL SECURITY ADMINISTRATION AND

SOCIAL SECURITY ADMINISTRATION FIELD

OPERATIONS, NEW YORK REGION

(Respondent)

and

AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, AFL-CIO

(Charging Party)

2-CA-80006

DECISION AND ORDER

January 22, 1990

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 had not engaged in the unfair labor practices alleged in the complaint. The unfair labor practice complaint alleged that the Respondent violated section 7116(a) (1) and (2) of the Federal Service Labor - Management Relations Statute (the Statute) by virtue of the actions of a supervisor in issuing a written reprimand to Union Steward Geraldine Robinson for alleged disobedient and insubordinate conduct.

The General Counsel and the Charging Party filed exceptions. The Respondent did not file an opposition to either the General Counsel's or the Charging Party's exceptions.

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 and find that no prejudicial error was committed. The rulings are hereby affirmed. Upon consideration of the Judge's Decision and the entire record, we adopt the Judge's findings, conclusions and recommended Order dismissing the complaint. 1

II. Order

The complaint is dismissed.

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

Footnote 1

The General Counsel and the Charging Party except to certain credibility findings made by the Judge. The demeanor of witnesses is an important factor in resolving issues of credibility, and 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. See Veterans Administration, Washington, D.C. and Veterans Administration Medical Center, Leavenworth, Kansas, 30 FLRA 961 (1988).