Department of the Air Force, 410th Combat Support Group, K. I. Sawyer Air Force Base and National Federation of Federal Employees, Local 1256 (Authority decision, October 26, 1988)
K. I. Sawyer Air Force Base (FLRA 5-CA-70066): Union activity dismissal complaint rejected
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This is citable Authority precedent from 1988, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.
Final FLRA decision. The Authority adopts an administrative law judge's findings and dismisses an unfair labor practice complaint. 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).
Plain-English summary
A complaint alleged that the 410th Combat Support Group at K. I. Sawyer Air Force Base terminated an employee because of protected union activity and sought to discourage union membership. An administrative law judge found that the Air Force had not committed the alleged unfair labor practices. The Authority reviewed the judge's hearing rulings, found no prejudicial error, and adopted the judge's findings and recommended order. It dismissed the complaint.
Decision snapshot
- Authority: Unfair labor practice provisions at 5 U.S.C. § 7116(a)(1) and (2).
- Outcome: Complaint dismissed; administrative law judge's decision adopted.
- Key point: The Authority found no reason to disturb the judge's rejection of the termination allegations.
Full text (FLRA public release)
[ v33 p352 ]
33:0352(46)CA
The decision of the Authority follows:
33 FLRA No. 46
FEDERAL LABOR RELATIONS
AUTHORITY
WASHINGTON, D.C.
DEPARTMENT OF THE AIR
FORCE
410TH COMBAT SUPPORT
GROUP
K. I. SAWYER AIR FORCE
BASE
MICHIGAN
(Respondent)
and
NATIONAL FEDERATION OF FEDERAL
EMPLOYEES
LOCAL 1256
(Charging Party)
5-CA-70066
DECISION AND ORDER
October 26, 1988
Before Chairman Calhoun and Member
McKee.
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 complaint alleged that Respondent attempted to discourage membership in the Union by discriminating against an employee by terminating her employment. The complaint also alleged that the Respondent, acting through its supervisors, violated the Federal Service Labor-Management Relations Statute (the Statute), 5 U.S.C. § 7116(a)(1) and (2), by terminating an employee because she engaged in protected Union activity.
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. 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.
The complaint is dismissed.
FOOTNOTES:
(If blank, the decision does not
have footnotes.)
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