Click here to view the decision.
59 FLRA No. 117
U. S. Dept. of the Air Force, 60th Air Mobility Wing, Travis Air Force Base, California and AFGE, Local 1764, AFL-CIO Case No. SF-CA-02-0660 (Decided February 13, 2004)
The complaint alleged that the Respondent violated § 7116(a)(1) and (2) of the Federal Service Labor-Management Relations Statute when it temporarily detailed a lead clerk in its number two child development center (CDC #2) to a different CDC and changed her hours of work because she had filed grievances pursuant to the collective bargaining agreement. The Judge found that the Respondent violated § 7116(a)(1) of the Statute when it told the lead clerk that her detail resulted from her filing of grievances. Additionally, the Judge found that the Respondent violated § 7116(a)(2) of the Statute when it actually detailed the lead clerk based on her protected activity. As a result, the Judge ordered the Respondent to cease and desist from discriminating or retaliating against employees engaged in protected activity. The Authority affirmed the Judge's determination that the Respondent violated § 7116(a)(1) and (2) of the Statute.
The Authority found that the Judge did not err in finding that the General Counsel proved a prima facie case of discrimination; that the Judge did not fail to allow the Respondent a meaningful opportunity to rebut the general counsel's prima facie case of discrimination; that the judge did not err in finding that the general counsel proved its case by a preponderance of the evidence; that the Judge's credibility determinations did not undermine his decision; and lastly, that the Judge's decision was not contrary to law.