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59 FLRA No. 171
U. S. Dept. of Veterans Affairs, Golden Gate National Cemetery, San Bruno, California And Laborers' International Union of North America, Local 1141, AFL-CIO Case Nos. SF-CA-02-0126, SF-CA-02-0286 SF-CA-02-0649 (Decided May 14, 2004)
The complaint in case SF-CA-02-0126 alleged that the Respondent violated § 7116(a)(1) and (2) of the Federal Service Labor-Management Relations Statute by failing to select the chief steward for promotion because he engaged in protected activity. The Judge found that the Respondent violated the Statute as alleged, and ordered that the chief steward be retroactively promoted to the position he sought with backpay and allowances. The Authority adopted the Judge's findings, conclusions, and recommended Order consistent with this decision. The Authority found that the Judge did not err in finding that the GC established a prima facie case of discrimination and that the Respondent failed to establish that it would have taken the same action in the absence of the chief steward's protected activity.