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Unfair Labor Practices Digest Series

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57 FLRA No. 25

Dept. of the Air Force, 315th Airlift Wing, Charleston Air Force Base, Charleston, South Carolina and AFGE, Local 1869, Case No. AT-CA-90324 (Decided April 18, 2001)

      The complaint in this case alleged that the Respondent violated § 7116(a)(1) and (2) of the Federal Service Labor-Management Relations Statute when it suspended a Union representative for activity protected by the Statute. The Judge found a violation, rejecting the Respondent's defense that the Union representative's activity constituted flagrant misconduct. The Authority adopted the Judge's findings, conclusions, and recommended Decision and Order, as modified to include interest on backpay.

      The Authority adopted the Judge's conclusion that the Respondent violated the Statute. In so doing, the Authority concluded that the Judge correctly applied the relevant factors for resolving the issue of alleged flagrant misconduct set forth in 51 FLRA 7 (1995).

      The Authority further stated that finding conduct protected by the Statute did not indicate that it condoned the conduct. The Authority also stated that finding the Union official's conduct protected did not indicate that it was an example of effective communication. The Statute protects those who conduct labor relations ineffectively as well as those who conduct it effectively, as long as they do not cross the line and engage in flagrant misconduct.



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