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60 FLRA No. 132
SSA, Baltimore, Maryland and SSA, Office of Hearings and Appeals, Kansas City, MO and SSA, Office of Hearings and Appeals, St. Louis, Missouri and International Federation of Professional and Technical Engineers, Assoc. of Administrative Law Judges, Region VII Case Nos. DE-CA-02-0657, DE-CA-02-0658 (Decided March 7, 2005)
The Authority granted the General Counsel's exceptions in part, deny them in part, and remand in part to the Chief Administrative Law Judge for further proceedings consistent with this decision. The Authority found that the Judge erred by failing to find a violation of § 7116(a)(1) and (5) for refusing to respond to an information request.
The Authority found that the record showed that the General Counsel alleged and litigated the issue of whether the Respondents violated the Statute by failing to respond to the Union's information requests and the Judge specifically found that the Respondents failed to reply to those requests. Consequently, the Authority concluded that the Judge erred in failing to find that the Respondents committed the alleged violation.