LR Corner
Wednesday, January 19, 2011



NATCA Files ULP over Failure to Provide Information; Agency Complies By Providing Information

On January 12, 2011, NATCA received a favorable settlement of a ULP charge in the Aircraft Certification Unit. The facility representative received a "letter of counseling." The union grieved the letter and submitted an information request for all documents relied upon in issuing the letter. The agency refused to answer the information request, claiming that a letter of counseling was not disciplinary in nature, and therefore, the agency had no duty to respond. NATCA filed a ULP charge. The FLRA investigated the charge and issued a complaint. The case was set for hearing, and the FLRA held a settlement conference which led to the agency agreeing to settle the case by providing the documents requested by the union in the information request, and by agreeing to request that the FLRA provide labor-management training to all managers in that Directorate. The agency also agreed to remove the letter of counseling from all agency files. The FLRA Case No. is DE-CA-10-0155.