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61 FLRA No. 80
AFGE, LOCAL 3283 and LENDA D. SPIVEY, AN INDIVIDUAL, Case No. CH- CO-04-0601 (December 16, 2005)
The complaint alleged that the Respondent violated § 7116(b)(1) and (8) of the Federal Service Labor-Management Relations Statute by failing to advise a group of grievants of the objective criteria used by the Respondent to determine which grievants would obtain a monetary award as part of the settlement of their grievances, and thereby violating the Respondent's duty of fair representation. The Judge found that by the Respondent's failure to file an answer to the complaint, the Respondent admitted the allegations in the complaint that it violated its duty of fair representation under § 7114(a)(1) and committed an unfair labor practice in violation of § 7116(b)(1) and (8). The Judge issued a cease and desist order and directed the Respondent to post a notice to this effect. However, the Judge denied the General Counsel's requested backpay remedy. The Authority adopted the Judge's findings, conclusions and recommended Order.