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56 FLRA No. 87
U.S. Department of Justice, Washington, D.C. and U.S. Department of Justice, Office of The Inspector General Washington, D.C., et al, Case No. DE-CA-80076 (Decided August 11, 2000)
The complaints alleged that Respondents violated section 7116(a)(1) and (8) of the Federal Service Labor-Management Relations Statute by failing to comply with section 7114(a)(2)(B) of the Statute. Specifically at issue was whether special agents of the Dept. of Justice-Office of the Inspector General (DOJ-OIG) were "representatives" of the agency when conducting an examination of an employee under section 7114(a)(2)(B).
In both cases, the General Counsel moved for summary judgment, which the Administrative Law Judges (Judge(s)) granted. The Judges held that Respondents failed to comply with section 7114(a)(2)(B) when the special agents from the DOJ-OIG denied the bargaining unit employees' requests for union representation during the agents' examinations of the employees.
The Authority adopted the Judges' findings, conclusions, and recommended orders to the extent consistent with this decision. In agreement with the Judges' conclusions, the Authority found that Respondents violated the Statute as charged. The Authority also adopted, without precedential significance, the Judges' recommended remedies.