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Unfair Labor Practices Digest Series

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57 FLRA No. 179

U. S. Dept. of Justice, Federal Bureau of Prisons, Federal Correctional Institution Forrest City, Arkansas and AFGE, Local 0922, Case No. DA-CA-80834 (Decided June 5, 2002)

      The complaint alleged that the Respondent violated section 7116(a)(1), (5) and (8) of the Federal Service Labor-Management Relations Statute by failing to provide a sanitized listing of disciplinary and adverse actions taken since June 1996; Special Investigatory Supervisors (SIS) manual and any and all operations memoranda, program statements, and manuals that indicate how an investigation should be conducted and how referral to the Office of Internal Affairs is handled; any and all operations memoranda, program statements, manuals, and documents that indicate who proposes discipline, how the decision to impose discipline is made, who determines what the proposal for discipline is, and who can resolve such matters without imposing discipline; and the complete investigative file on Shannon Hendrickson.

      The Judge found that the Respondent violated § 7116(a)(1), (5), and (8) of the Statute by failing to provide the requested documents and to notify the Union of the non-existence of certain requested information, and issued a remedial order. The Authority unanimously adopted the Judge's findings and conclusions that the Respondent violated § 7116(a)(1), (5), and (8) of the Statute by failing to provide, as requested, the SIS manual, Operations Memoranda, Program Statements, and other manuals and documents, and the requested investigative file. The Judge's finding that the Respondent violated § 7116(a)(1), (5), and (8) by failing to provide the requested list of disciplinary and adverse actions was reversed, with Member Pope dissenting. A remedial order was issued.



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