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57 FLRA No. 69
U.S. Dept. of Energy, Oak Ridge, Tennessee and Office and Professional Employees International Union, Local 268, CH-CA-90297 (Decided June 29, 2001 )
The complaint alleged that the Respondent violated § 7116(a)(1) and (2) of the Federal Service Labor-Management Relations Statute by suspending for five days a Union official for engaging in protected representational activities. The Judge found that the Respondent violated the Statute as charged. The Judge also found that, in one respect, the suspension was based on flagrant misconduct and that the Respondent was free to institute discipline in the future for that misconduct. The Judge recommended that the Respondent be directed to rescind the suspension and to provide back pay in the event that the Respondent: (1) decided not to institute discipline for the flagrant misconduct; or (2) instituted discipline less than a five-day suspension.
After reviewing the Judge's decision and the entire record, the Authority adopted the Judge's findings and conclusion that the Respondent violated §§ 7116(a)(1) and (2) of the Statute by suspending a Union official for engaging in protected representational activities. However, the Authority reversed the Judge's flagrant misconduct finding and held that the Respondent may not institute discipline in the future for that misconduct and must provide the Union official with back pay for the entire five-day suspension.