U.S. Environmental Protection Agency and National Federation of Federal Employees, Local 2050 (Authority decision, April 25, 1990)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority in an unfair labor practice case. 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 complaint alleged that EPA began regularly scheduled Sunday operations at its Fairchild Building without giving NFFE Local 2050 notice and a chance to negotiate over the change's impact and implementation. An administrative law judge found that EPA had not committed the alleged unfair labor practice. The Authority reviewed the judge's rulings, adopted the judge's findings and conclusion, and dismissed the complaint. The published Authority text does not explain the judge's underlying reasoning.

Decision snapshot

• Authority: Alleged unfair labor practice under 5 U.S.C. § 7116(a)(1) and (5).
• Outcome: Judge's dismissal adopted; complaint dismissed.
• Key point: The Authority upheld the finding of no unfair labor practice on the Sunday hours allegation.

Full text (FLRA public release)

[ v35 p674 ]
35:0674(75)CA

The decision of the Authority follows:

35 FLRA No. 75

FEDERAL LABOR RELATIONS
AUTHORITY

WASHINGTON, D.C.

U.S. ENVIRONMENTAL PROTECTION
AGENCY

(Respondent)

and

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES

LOCAL 2050

(Charging Party)

3-CA-90253

DECISION AND ORDER

April 25, 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 practice alleged in the complaint. The complaint alleged that the Respondent violated section 7116(a)(1) and (5) of the Federal Service Labor-Management Relations Statute (the Statute) by establishing regularly scheduled Sunday hours of operation for the Fairchild Building without giving the Charging Party prior notice and affording it the opportunity to negotiate over the impact and implementation of this change in conditions of employment.

The General Counsel filed exceptions. The Respondent filed an opposition to the General Counsel'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. We affirm the rulings. Upon consideration of the Judge's Decision and the entire record, we adopt the Judge's findings, conclusion, and recommended Order dismissing the complaint.

II. Order

The complaint is dismissed.

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