U.S. Department of Agriculture, Food Safety and Inspection Service and AFGE Southwest Council of Food Inspection Locals (Authority decision, June 23, 1988)

Final FLRA decision. The Authority finds that USDA's central offices unlawfully directed a regional office to withhold unit employee names and home addresses; the complaint against the regional office is dismissed. 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

USDA and its Food Safety and Inspection Service directed a Dallas regional meat and poultry inspection office to refuse the AFGE council's request for unit employees' names and home addresses. An administrative law judge found the central offices responsible for that refusal but found the regional office's role merely ministerial. The Authority adopted those findings. It ordered the central offices to direct disclosure, post a notice, and report compliance, while dismissing the complaint against the regional office.

Decision snapshot

• Authority: 5 U.S.C. § 7114(b)(4) and § 7118.
• Outcome: Unfair labor practice finding against central offices adopted; complaint against regional office dismissed.
• Key point: The offices directing the refusal were held responsible; the regional office that followed instructions was not.

Full text (FLRA public release)

[ v32 p447 ]
32:0447(68)CA

The decision of the Authority follows:

32 FLRA No. 68

UNITED STATES OF AMERICA

BEFORE THE

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

UNITED STATES DEPARTMENT OF

AGRICULTURE, WASHINGTON, D.C.

and

UNITED STATES DEPARTMENT OF

AGRICULTURE, FOOD SAFETY AND

INSPECTION SERVICE, WASHINGTON, D.C.

and

UNITED STATES DEPARTMENT OF

AGRICULTURE, FOOD SAFETY AND

INSPECTION SERVICE, MEAT AND POULTRY

INSPECTION PROGRAM, SOUTHWEST REGION

DALLAS, TEXAS

Respondents

and

AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, AFL-CIO, SOUTHWEST COUNCIL

OF FOOD INSPECTION LOCALS, C-17

Charging Party

Case No. 6-CA-70729

DECISION AND ORDER

The Administrative Law Judge issued the attached decision in the above-entitled proceeding, finding that the Respondents United States Department of Agriculture, Washington, D.C. (Respondent Agency) and United States Department of Agriculture, Food Safety and Inspection Service, Washington, D.C. (Respondent Service) had engaged in the unfair labor practices alleged in the complaint by directing the United States Department of Agriculture, Food Safety and Inspection Service, Meat and Poultry Inspection Program, Southwest Region, Dallas, Texas (Respondent Activity) not to provide the Charging Party with the names and home addresses of bargaining unit employees. The Judge found that the Respondent Activity had not committed the unfair labor practices alleged in the complaint because the Respondent Activity's action was merely ministerial in nature.

The Judge granted the General Counsel's motion for summary judgment with respect to Respondents Agency and Service and recommended that Respondents Agency and Service be ordered to take appropriate remedial action. Respondents Agency and Service filed exceptions to the Judge's decision.

Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Federal Service Labor-Management Relations Statute (the Statute), we have reviewed the rulings of the Judge and find that no prejudicial error was committed. We affirm the rulings. Upon consideration of the Judge's Decision, the exceptions, and the entire record, we adopt the Judge's findings, conclusions, and recommended Order. See Farmers Home Administration Finance Office, St. Louis, Missouri, 23 FLRA 788 (1986), enforced in part and remanded sub nom. U.S. Department of Agriculture and Farmers Home Administration Finance Office, St. Louis, Missouri v. FLRA, 836 F.2d 1139 (8th Cir. 1988). See also United States Department of the Navy and Philadelphia Naval Shipyard v. FLRA, 840 F.2d 1131 (3d Cir. 1988), enforcing Philadelphia Naval Shipyard, 24 FLRA 37 (1986); U.S. Department of the Air Force, Scott Air Force Base, Illinois v. FLRA, 838 F.2d 229 (7th Cir. 1988), affirming Department of the Air Force, Scott Air Force Base, Illinois, 24 FLRA 226 (1986); Department of Health and Human Services, Social Security Administration v. FLRA, 833 F.2d 1129 (4th Cir. 1987), affirming Department of Health and Human Services, Social Security Administration, 24 FLRA 543 (1986); Department of Health and Human Services, Social Security Administration and Social Security Administration Field Operations, New York Region, 24 FLRA 583 (1986); Department of Health and Human Services, Social Security Administration, 24 FLRA 600 (1986).

ORDER

Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Statute, the United States Department of Agriculture, Washington, D.C. and United States Department of Agriculture, Food Safety and Inspection Service, Washington, D.C. shall:

1. Cease and desist from:

(a) Directing the United States Department of
Agriculture, Food Safety and Inspection Service, Meat and Poultry Inspection Program, Southwest Region, Dallas, Texas to refuse to furnish the American Federation of Government Employees, AFL-CIO, Southwest Council of Food Inspection Locals, C-17, the designated agent of the exclusive representative for a bargaining unit of its employees, the names and home addresses of all employees in the unit.

(b) Directing other component activities of the United States Department of Agriculture, Food Safety and Inspection Service to refuse to furnish upon request of the exclusive representative of bargaining units of its employees or the designated agents of the exclusive representative for bargaining units of its employees the names and home addresses of employees in the units they represent.

(c) In any like or related manner, interfering with the local bargaining relationship between the American Federation of Government Employees, AFL-CIO, Southwest Council of Food Inspection Locals, C-17 and the United States Department of Agriculture, Food Safety and Inspection Service, Meat and Poultry Inspection Program, Southwest Region, Dallas, Texas.

2. Take the following affirmative action in order to
   effectuate the purposes and policies of the Statute:

(a) Direct the United States Department of Agriculture, Food Safety and Inspection Service, Meat and Poultry Inspection Program, Southwest Region, Dallas, Texas to furnish the American Federation of Government Employees, AFL-CIO, Southwest Council of Food Inspection Locals, C-17, the designated agent of the exclusive representative for a bargaining unit of its employees, the names and home addresses of all employees in the unit it represents.

(b) Post at its facility, United States Department of Agriculture, Food Safety and Inspection Service, Meat and Poultry Inspection Program, Southwest Region, Dallas, Texas, copies of the attached notice on forms to be furnished by the Federal Labor Relations Authority. Upon receipt of such forms, they shall be signed by the Administrator, United States Department of Agriculture, Food Safety and Inspection Service, Washington, D.C. and shall be posted and maintained for 60 consecutive days thereafter in conspicuous places, including all bulletin boards and places where notices to employees are customarily posted. Reasonable steps shall be taken to ensure that such notices are not altered, defaced, or covered by any other material.

(c) Pursuant to section 2423.30 of the Authority's Rules and Regulations, notify the Regional Director, Region VI, Federal Labor Relations Authority, in writing, within 30 days from the date of this Order as to what steps have been taken to comply.

The allegations in the complaint against the United States Department of Agriculture, Food Safety and Inspection Service, Meat and Poultry Inspection Program, Southwest Region, Dallas, Texas are dismissed.

Issued, Washington, D.C.,

________
Jerry L. Calhoun, Chairman

Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY

NOTICE TO ALL EMPLOYEES

AS ORDERED BY THE FEDERAL LABOR RELATIONS
AUTHORITY

AND TO EFFECTUATE THE POLICIES OF
THE

FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
STATUTE

WE NOTIFY OUR EMPLOYEES THAT:

WE WILL NOT direct the United States Department of Agriculture, Food Safety and Inspection Service, Meat and Poultry Inspection Program, Southwest Region, Dallas, Texas to refuse to furnish the American Federation of Government Employees, AFL-CIO, Southwest Council of Food Inspection Locals, C-17, the designated agent of the exclusive representative for a bargaining unit of our employees, the names and home addresses of all employees in the unit it represents.

WE WILL NOT direct other component activities of the United States Department of Agriculture, Food Safety and Inspection Service to refuse to furnish upon request of the exclusive representative of bargaining units of our employees or the designated agents of the exclusive representative for bargaining units of our employees the names and home addresses of employees in the units they represent.

WE WILL NOT, in any like or related manner, interfere with the local bargaining relationship between the American Federation of Government Employees, AFL-CIO, Southwest Council of Food Inspection Locals, C-17 and the United States Department of Agriculture, Food Safety and Inspection Service, Meat and Poultry Inspection Program, Southwest Region, Dallas, Texas.

WE WILL direct the United States Department of
Agriculture, Food Safety and Inspection Service, Meat and Poultry Inspection Program, Southwest Region, Dallas, Texas to furnish the American Federation of Government Employees, AFL-CIO, Southwest Council of Food Inspection Locals, C-17,

the designated agent of the exclusive representative for a bargaining unit of our employees, the names and home addresses of all employees in the unit it represents.

_____
(Service)

Dated:__
By:________

(Signature) (Title)

This Notice must remain posted for 60 consecutive days from the date of posting, and must not be altered, defaced, or covered by any other material.

If employees have any questions concerning this Notice or compliance with its provisions, they may communicate directly with the Regional Director, Region VI, Federal Labor Relations Authority, whose address is: 525 Griffin Street, Suite 926, Dallas, Texas 75202 and whose telephone number is: (2l4) 767-4996.

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