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59 FLRA No. 160
SSA, Office of Hearings and Appeals Boston Regional Office, Boston, Massachusetts and AFGE, Local 1164, AFL-CIO, Case Nos. BN-CA-02-0266 BN-CA-02- 0434 (Decided April 30, 2004))
The complaints alleged that the Respondent violated § 7116(a)(1) and (8) of the Federal Service Labor-Management Relations Statute by holding three formal discussions with bargaining unit employees without affording the Union notice and an opportunity to be represented as required by § 7114(a)(2)(A) of the Statute. The formal discussions were alleged to have occurred when independent contractors, on behalf of the Respondent, questioned witnesses by e-mail and/or telephone pursuant to EEO requirements.
The Judge concluded that the Respondent violated the Statute as alleged with respect to one discussion in Case No. BN-CA-02-0266, and he dismissed the complaint in Case No. BN-CA-02-0434 with respect to the two other discussions. Upon consideration of the Judge's decision and the entire record, the Authority reversed the Judge's conclusions and adopted the recommended Order only to the extent consistent with this decision.