FEDERAL LABOR RELATIONS AUTHORITY OALJ 14-14
Office of Administrative Law Judges
WASHINGTON, D.C.
DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS FEDERAL CORRECTIONAL INSTITUTION MIAMI, FLORIDA RESPONDENT | |
AND AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 3690 CHARGING PARTY | Case No. AT-CA-12-0187 |
Patricia J. Kush
For the General Counsel
Carolyn Warner
For the Respondent
Eugene Harris
For the Union
Before: SUSAN E. JELEN
Administrative Law Judge
DECISION AND ORDER REMANDING CASE
On January 27, 2012, the American Federation of Government Employees, Local 3690 (Union/Local 3690) filed an unfair labor practice charge (ULP) against the Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution, Miami, Florida (Respondent/FBP). On January 18, 2013, the Atlanta Regional Director issued a Complaint and Notice of Hearing, alleging that the Respondent violated § 7116(a)(1) of the Federal Service Labor-Management Relations Statute (Statute) by making certain statements to the Local 3690 president. On February 26, 2013, the Respondent filed its Answer to the complaint.
A hearing was held before me on March 27, 2013, in Miami, Florida; the Respondent made a closing argument at the hearing and the General Counsel filed a post-hearing brief in the matter.
On June 27, 2014, Counsel for the General Counsel filed an unopposed Motion For Permission to Withdraw Complaint in Order to Approve Charging Party’s Request to Withdraw, stating that on June 26, 2014, the Charging Party requested to withdraw the charge underlying the complaint.
Pursuant to § 2423.31(e)(1) of the Rules and Regulations of the Federal Labor Relations Authority, I conclude that the withdrawal of the complaint is appropriate in light of the Charging Party’s request and that remanding the case to the Regional Director for further action is appropriate.
ORDER
The Motion For Permission to Withdraw Complaint is GRANTED. The case is hereby Remanded to the Regional Director for further action as he deems appropriate to effectuate the purposes and policies of the Statute.
Issued, Washington, D.C., July 1, 2014
_____________________________________
SUSAN E. JELEN
Administrative Law Judge