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57 FLRA No. 28
U.S. Dept. of Housing and Urban DevelopmentLouisiana State Office, New Orleans, Louisianaand AFGE, Local 3475, Case No. DA-CA-00106 (Decided May 11, 2001)
The complaint alleged that the Respondent violated § 7116(a)(1) and (8) of the Federal Service Labor-Management Relations Statute by failing to reinstate the automatic dues deduction of a bargaining unit employee as required by the Statute. The Judge dismissed the complaint for want of prosecution. The Authority found that a remand to the Chief Judge was necessary for further action consistent with this decision.
The Authority noted that section 2423.31(a) of its regulations sets the standard for conduct of an unfair labor practice hearing by an administrative law judge. It provides, in pertinent part, that the judge shall conduct the hearing in a fair, impartial, and judicial manner. The Authority found that, in this case, the General Counsel's request for postponement was not only reasonable, but compelling. Further, the Authority found that the Judge's refusal to grant the motion was so extreme as to be unfair, and thus concluded that the Judge's dismissal of this case did not meet the standard for conduct set out in the Regulations.
The Judge refused to honor a request to postpone the hearing based on a genuine medical emergency although he knew that the stricken attorney and her co-counsel were away from home, in a hospital emergency room, and that the stricken attorney had an undiagnosed ailment. The Authority found that the Judge's refusal to postpone the hearing demonstrated his complete failure to deal with the request in a fair, judicial manner taking into account the seriousness of the situation.