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57 FLRA No. 188
U. S. Dept. of the Air Force, Seymour Johnson Air Force Base and NAGE, Local R5-188, WA-CA-00424, WA-CA-00425 (Decided June 25, 2002)
The complaint in this case alleged that the Respondent violated § 7116(a)(1) and (2) of the Federal Service Labor-Management Relations Statute by: (1) removing an Air Reserve Technician (ART) from the list of employees selected for deployment on a mission because of his protected union activity; and (2) informing the ART that he had been removed from the deployment list because he caused too many waves. The Respondent moved to dismiss the complaint for lack of jurisdiction on the ground that the complaint involved a military matter. The Judge denied the Respondent's motion. On the merits, the Judge concluded that the Respondent had violated the Statute by removing the ART from the list of alternates for deployment. The Judge did not resolve the allegation that the Respondent violated the Statute by telling the ART that he had been removed from the deployment list because he caused too many waves.
Upon consideration of the Judge's decision and the entire record, the Authority concluded that the Respondent did not commit the unfair labor practices alleged in the complaint because the allegations in the complaint related to a military matter and were therefore outside the Authority's jurisdiction. The complaint was dismissed.