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Unfair Labor Practices Digest Series

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55 FLRA No. 211

Department of Defense, U.S. Army Reserve Personnel Command St. Louis, Missouri and American Federation of Government Employees AFL-CIO, Local 900, Case No. DE-CA-80464, (Decided January 31, 2000))

      The complaint alleged that the Respondent violated section 7116(a)(1) of the Statute by ordering the removal of two notices posted by the Charging Party, American Federation of Government Employees, AFL-CIO, Local 900 on the electronic bulletin board, maintained by the Respondent. The Authority adopted the Judge's findings, conclusions, and recommended Order only to the extent consistent with this decision.

      Preliminarily the Authority concluded hat the ULP complaint was not barred by section 7116(d). The Authority concluded that the complaint was not barred because the theories advanced in support of the grievance and the ULP were different. The Authority also concluded that removal of the material did not violate section 7116(a)(1).

      The Authority found that the record established that the alleged removal of the Partnership Council posting was litigated and should have been addressed by the Judge. The Authority added that it was now properly before the Authority. However, the Authority noted that because the Judge did not address the allegation that the removal of the Partnership Council posting violated the Statute, it did not have the benefit of the Judge's findings concerning the reason for the removal of the posting, and whether it was removed because it did not meet the Respondent's established standards. Accordingly, the Authority remanded the allegation concerning removal of the Partnership Council posting to the Judge to consider the reasons for its removal, and whether and how it was contrary to the Respondent's established standards.



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