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46 FLRA No. 95

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 987

WARNER ROBINS, GEORGIA

(Respondent/Union)

and

NEDRA T. BRADLEY, AN INDIVIDUAL

(Charging Party)

4-CO-10021

_____

DECISION AND ORDER

December 31, 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 had violated section 7116(b)(1) and (8) of the Federal Service Labor-Management Relations Statute (the Statute) by refusing to accept the Charging Party as a member for reasons other than those sanctioned by section 7116(c) of the Statute. The Respondent filed exceptions to the Judge's decision, and the General Counsel 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

Pursuant to section 2423.29 of the Federal Labor Relations Authority's Rules and Regulations and section 7118 of the Statute, American Federation of Government Employees, Local 987, Warner Robins, Georgia, shall:

1. Cease and desist from:

(a) Denying membership to Nedra T. Bradley, or any other eligible employee in the exclusive collective bargaining unit represented by it at Warner Robins Air Logistics Center, Warner Robins, Georgia, except for failure (1) to meet reasonable occupational standards uniformly required for admission, or (2) to tender dues uniformly required as a condition of acquiring and retaining membership.

2. Take the following affirmative action in order to effectuate the purposes and policies of the Statute:

(a) Process Nedra T. Bradley's Request and Authorization for Voluntary Allotment of Compensation for Payment of Employee Organization Dues, Form SF-1187, unconditionally offer to admit her to full membership in the Union, and make her whole, consistent with applicable laws and regulations, for any loss of benefits she may have suffered by reason of its denial of membership to her.

(b) Post at the business office of American Federation of Government Employees, Local 987, and in normal meeting places, including all places where notices to members of and unit employees exclusively represented by American Federation of Government Employees, Local 987 are customarily posted, copies of the attached Notice on forms to be furnished by the Federal Labor Relations Authority. Upon receipt of such forms, they shall be signed by the President of American Federation of Government Employees, Local 987, and shall be posted and maintained for 60 consecutive days thereafter, in conspicuous places, including all bulletin boards and other places where notices to employees are customarily posted. Reasonable steps shall be taken to ensure that such notices are not altered, defaced, or covered by any other material.

(c) Submit signed copies of said Notice to the Department of the Air Force, Warner Robins Air Logistics Center, Robins Air Force Base, Georgia, for posting in conspicuous places where members of American Federation of Government Employees, Local 987 are located, where they shall be maintained for 60 consecutive days from the date of posting.

(d) Pursuant to section 2423.30 of the Authority's Rules and Regulations, notify the Regional Director, Atlanta Regional Office, Federal Labor Relations Authority, in writing, within 30 days from the date of this Order, as to what steps have been taken to comply herewith.

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NOTICE TO ALL EMPLOYEES

AS ORDERED BY THE FEDERAL LABOR RELATIONS AUTHORITY

AND TO EFFECTUATE THE POLICIES OF THE

FEDERAL SERVICE LABOR MANAGEMENT STATUTE

WE NOTIFY EMPLOYEES THAT:

WE WILL NOT deny membership to Nedra T. Bradley or any other eligible employee in the exclusive collective bargaining unit represented by us at Warner Robins Air Logistics Center, Warner Robins, Georgia, except for failure (1) to meet reasonable occupational standards uniformly required for admission, or (2) to tender dues uniformly required as a condition of acquiring and retaining membership.

WE WILL NOT in any like or related manner interfere with, restrain or coerce Nedra T. Bradley or any other employee in the exercise of rights assured by the Federal Service Labor-Management Relations Statute.

WE WILL process Nedra T. Bradley's Request and Authorization for Voluntary Allotment of Compensation for Payment of Employee Organization Dues, Form SF-1187, unconditionally offer to admit her to full membership in the Union, and make her whole, consistent with applicable laws and regulations, for any loss of benefits she may have suffered by reason of our denial of membership to her.

___________________________

(Labor Organization)

Dated:_________________ By: ___________________________

(Signature) (Title)

This Notice must remain posted for 60 consecutive days from the date of posting and must not be altered, defaced or covered by any other material.

If employees have any questions concerning this Notice or compliance with any of its provisions, they may communicate directly with the Regional Director, Atlanta Regional Office, whose address is: 1371 Peachtree Street, NE, Suite 122, Atlanta, GA 30367, and whose telephone number is: (404) 347-2324.

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

*/ We agree with the Judge that the Respondent violated section 7116(b)(1) and (8) of the Statute as alleged. See American Federation of Government Employees, Local 2344, AFL-CIO, 45 FLRA 1004 (1992), petition for review filed, No. 92-1560 (D.C. Cir. Oct. 27, 1992). In that case, the Authority found denial of membership by a labor organization for reasons other than failure to meet reasonable occupational standards or to tender dues violated section 7116(c) of the Statute, and determined that it was unnecessary to pass on the issue of whether the denial of membership also violated section 7116(b)(1). The Judge in this case also found that the Respondent "flouted" section 7116(c) of the Statute. Judge's decision at 6. Although, as the Respondent points out, the complaint does not allege a violation of section 7116(c), we disagree with the Respondent that the failure to allege a violation of that section is "a fatal defect." Exceptions at 6. Rather, in view of the fact that the parties fully litigated the section 7116(c) issues, we conclude that the Respondent's action also violated section 7116(c) of the Statute.

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