Punchios v. Am. Fed. Government Employees, Local 2383, 97-SOC-1 (ALJ
Sept. 2, 1997)
U.S. Department of Labor Office of Administrative Law Judges
John W. McCormack Post Office and Courthouse
Boston, Massachusetts 02109
Room 507
(617) 223-9355
(617) 223-4254 (FAX)
Date: September 2, 1997
Case No.: 97-SOC-1
In the Matter of:
Elizabeth Punchios Complainant
v.
American Federation of Government
Employees, Local 2383
and
Carl T. Hayden VA Medical
Center
and
Randy Brumm, President Respondents
RECOMMENDED DECISION AND ORDER
APPROVING SETTLEMENT AGREEMENT
On April 28, 1997 Elizabeth Punchios (hereinafter Complainant), former
member of the American Federation of Government Employees (hereinafter AFGE), Local 2382,
filed a complaint alleging that she was denied a fair hearing in her expulsion from the AFGE.
Specifically, Complainant alleges she was denied due process in violation of 29 C.F.R. Part 458.2(5)
which states, in pertinent part, that no member of a labor organization may be expelled or otherwise
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disciplined unless the member has been afforded a full and fair hearing.
The parties appeared before the undersigned Administrative Law Judge for
hearing in Phoenix, Arizona on July 15, 16 and 17, 1997. On the third day of hearing, this Judge
was presented with a fully executed Settlement Agreement dated July 17, 1997 (JX 2), which was
identified and authenticated by all concerned. (TR 220-21, 223-24) The parties seek to amicably
resolve this matter by agreeing:
1. All charges against Complainant preferred by the respondent shall be
dropped. There shall be no reprisal or recrimination against Complainant for
action previously taken.
2. Complainant shall be reinstated as a member of Local 2382 with no loss of
time (seniority). Complainant shall not be required to pay back dues. Local
2382 shall be responsible per capita taxes due as a result of this reinstatement.
3. Complainant shall not act as a union representative for any AFGE Local 2382
bargaining unit member until she receives stewards training.
4. Complainant will not interfere nor contest election of officers currently in
progress.
5. There shall be no further appeals or other actions in the matters giving rise to
captioned case.
This Judge, having determined that Complainant freely and willingly signed
this agreement, free from coercion, fraud and/or duress (TR 224), hereby recommends that the
Settlement Agreement, the terms of which are specifically incorporated herein, be
APPROVED. In accordance with 29 C.F.R. Part 458.70, I hereby transmit this
Recommended Decision and Order, along with the entire case file, to the Assistant Secretary of
Labor for appropriate action.
