---

44 FLRA No. 7

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

SOUTHWEST DIVISION

NAVAL FACILITIES ENGINEERING COMMAND

SAN DIEGO, CALIFORNIA

(Respondent)

and

NATIONAL FEDERATION OF FEDERAL EMPLOYEES

LOCAL 2096

(Charging Party/Union)

8-CA-00352

DECISION AND ORDER

February 25, 1992

Before Chairman McKee and Members Talkin and Armendariz.

I. Statement of the Case

The Administrative Law Judge issued the attached decision in the above-entitled proceeding, finding that the Respondent did not violate section 7116(a)(1) and (5) of the Federal Service Labor-Management Relations Statute (the Statute) because the Respondent had not, as alleged, unlawfully refused to negotiate on the subject of an alternate work schedule or rescinded an alternate work schedule at one of its facilities prior to the completion of negotiations over the change. The Judge recommended that the complaint be dismissed. The General Counsel filed exceptions to the Judge's decision. The Respondent filed an opposition to the exceptions.

Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Statute, we have reviewed the rulings of the Judge made at the hearing and find that no prejudicial error was committed. We affirm the rulings. Upon consideration of the Judge's decision and the entire record, we adopt the Judge's findings, conclusions and recommended Order.^(*)

II. Order

The complaint in this case is dismissed.

---

---

---

FOOTNOTES:
(If blank, the decision does not have footnotes.)
 

*/ In view of the outcome of this case, we find it unnecessary to pass on the Judge's conclusions in footnote 7 of his decision.

---