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55 FLRA No. 148
U.S. Department of Agriculture Food Safety And Inspection Service Washington, D.C. and National Joint Council of Food Inspection Locals AFGE, AFL-CIO, Case No. WA-CA-80531 (Decided September 28, 1999)
The Judge determined that the Respondent violated section 7116(a)(1) and (2) of the Statute by suspending the Charging Party's Southern Council Vice President for activity protected by the Statute. The Judge found that the Vice President's use of an obscenity in referring to a management official during a labor-management meeting did not constitute flagrant misconduct and, as such, was not removed from the protection of the Statute. The Judge also determined that the record failed to establish that a Memorandum of Understanding (MOU) between the parties permitted the Respondent to suspend the Vice President for less than flagrant misconduct. The Judge recommended a make-whole remedy. The Authority adopted the Judge's findings and conclusion that the Respondent violated section 7116(a)(1) and (2) of the Statute by suspending the Vice President for protected activity.