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60 FLRA No. 144
U. S. Dept. of Justice, Federal Bureau of Prisons U. S. Penitentiary (Administrative Maximum) Florence, Colorado and AFGE, Local 1302, Case No. DE-CA-01-0700 (Decided March 22, 2005)
The complaint alleged an independent violation of § 7116(a)(1) of the Federal Service Labor-Management Relations Statute based on a statement by one of the Respondent's management officials and a violation of § 7116(a)(1), (2), and (4) for a failure to promote an employee. The Judge concluded that the complaint should be dismissed. The Authority denied the General Counsel's exceptions after concluding that the Judge did not err in failing to find a violation of § 7116(a)(1).
The Authority found that the Judge did not misapply the Letterkenny framework and that the Judge's determinations as to possible adverse inferences did not require reversal of his decision.Lastly, the Authority found that the Judge's findings and conclusions were supported by substantial evidence in the record.