Jump to Navigation

# FLRA.gov

RSS FEEDS

## Search form

Menu

eFilingAvailable Here

            -  **Home 
            -              About            -              Introduction to the FLRA           
-              Mission           
-              Budget & Performance           
-              Organizational Chart           
-              FLRA Leadership           
-              Press Releases           
-              Public Affairs           
-              FLRA Job Postings           
Our Mission
Protecting rights and facilitating stable relationships among federal agencies, labor organizations, and employees while advancing an effective and efficient government through the administration of the Federal Service Labor-Management Relations Statute.  
Feedback about www.FLRA.gov
Let us know what you think about our new and improved website by emailing us at EngagetheFLRA@flra.gov.
 
            -              Components & Offices            -              Components            -              The Authority           
-              Office of the General Counsel           
-              The Federal Service Impasses Panel           
 
-              Offices            -              Office of Administrative Law Judges           
-              Collaboration and Alternative Dispute Resolution Office (CADRO)           
-              Office of Case Intake and Publication           
-              Office of the Executive Director           
-              Office of Inspector General           
-              Office of the Solicitor           
 
Is the FLRA hiring?
Find a listing of all of the FLRA's current job openings.    
Contact Us
Find a listing of FLRA contacts that you can call for more information.  
 
            -              Case Types            -              File a Case           
-              Unfair Labor Practice           
-              Representation           
-              Arbitration           
-              Negotiability           
-              Negotiation Impasse           
-              Other Types           
Ready to file a case?
Find everything you need to know about filing a case with the FLRA.    
  
            -              Decisions            -              Authority Decisions           
-              Administrative Law Judges Decisions           
-              Federal Service Impasses Panel Decisions           
-              Solicitor's Briefs and Court Decisions           
-              Archival Decisions, Legislative History, & Foreign Service Decisions           
-              Quarterly Digest of Authority Decisions           
Quarterly Digest of Authority Decisions
Case digests provide a brief synopsis of the most pertinent principles in merits decisions issued by the Authority. 
Archival Decisions
Find historical decisions of the Assistant Secretary of Labor for Labor-Management Relations and the Federal Labor Relations Council, as well as Foreign Service Labor Relations Board decisions.  
Legislative History 
View the legislative history of the Federal Service Labor-Management Relations Statute, the Civil Service Reform Act, and the Foreign Service Act.
 
            -              Resources & Training            -              Resources            -              Quarterly Digest of Authority Decisions           
-              The Statute & Regulations           
-              Information by Case Type           
-              Policy Statements           
-              Guides & Manuals           
-              Forms & Checklists           
 
-              Training            -              Upcoming FLRA Training           
-              Training Contacts           
-              FLRA on YouTube           
-              Course Materials           
-              Video Training           
-              Customer Feedback           
 
FLRA Training on YouTube
Watch free online FLRA trainings on our Youtube channel and don’t forget to subscribe to receive updates on new videos.
  

## You are here

          - Home
          -  OALJ 23-11 - DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS FEDERAL CORRECTIONAL COMPLEX FORREST CITY, ARKANSAS    RESPONDENT AND  AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 922, AFL-CIO   CHARGING PARTY

#  OALJ 23-11 - DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS FEDERAL CORRECTIONAL COMPLEX FORREST CITY, ARKANSAS    RESPONDENT AND  AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 922, AFL-CIO   CHARGING PARTY

**FEDERAL LABOR RELATIONS AUTHORITY**OALJ 23-11

            Office of Administrative Law Judges

                     WASHINGTON, D.C. 20424

Brian R. Locke

               For the General Counsel

Tim Maughan

                For the Respondent

Jay Westbrook

                For the Charging Party

Before:    DAVID L. WELCH

                Chief Administrative Law Judge

**DISCUSSION OF MOTION FOR SUMMARY JUDGMENT**

      The Authority has held that motions for summary judgment, filed under § 2423.27 of its Regulations, 5 C.F.R. § 2423.27, serve the same purpose, and are governed by the same principles, as motions filed in United States District Courts under Rule 56 of the Federal Rules of Civil Procedure. *Dep’t of VA, VA Med. Ctr., Nashville, Tenn.*, 50 FLRA 220, 222 (1995). Summary judgment is appropriate when there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law. *Celotex Corp. v. Catrett*, 477 U.S. 317, 322 (1986).

            Section 2423.20(b) of the Authority’s Regulations, 5 C.F.R. § 2423.20(b), provides, in pertinent part:

(b) *Answer*.  Within 20 days after the date of service of the complaint . . . 

the Respondent shall file and serve . . . an answer with the Office of Administrative Law Judges.  The answer shall admit, deny, or explain each

allegation of the complaint. . . .  Absent a showing of good cause to the contrary, failure to file an answer or respond to any allegation shall constitute an admission. . . .

       The Regulations also explain how to calculate filing deadlines and how to request extensions of time for filing answers and other required documents.  *See, e.g.*, §§ 2429.21 through 2429.23.  Furthermore, in the body of the Complaint, the Acting Regional Director provided the Respondent with detailed instructions concerning the requirements for its Answer, including the date on which the Answer was due, persons to whom it must be sent, and references to the applicable regulations.  The Acting Regional Director also advised the Respondent that, absent a showing of good cause, the failure to answer any allegation of the Complaint would constitute an admission.

      Moreover, the Authority has held, in a variety of factual and legal contexts, that parties are responsible for being aware of the statutory and regulatory requirements in proceedings under the Statute.  *U.S. EPA, Envtl. Research Lab., Narragansett, R.I.*, 49 FLRA 33, 34-36 (1994) (answer to a complaint and an ALJ's order); *U.S. Dep’t of VA, Med. Ctr., Waco, Tex.*, 43 FLRA 1149, 1150 (1992) (exceptions to an arbitrator’s award); *U.S. Dep’t of the Treasury, Customs Serv., Wash., D.C.*, 37 FLRA 603, 610 (1990) (failure to file an answer due to a clerical error is not good cause sufficient to prevent a summary judgment).

         In this case, the Respondent did not file its Answer until July 24, 2023, one week after the deadline for filing the Answer had passed.  Br. in Supp. of Mot. for Summ. J., GC Ex. 4 at 3-4; 5 C.F.R. § 2429.21(b)(1)(i).  Moreover, after the GC filed its Motion for Summary Judgment, the Respondent did not file a response or otherwise offer any explanation for its failure to timely answer the Complaint.  In these circumstances, §  2423.20(b) clearly requires that the Respondent’s failure to file a timely Answer be treated as an admission of each of the allegations of the Complaint.  Accordingly, there are no disputed factual issues in this case, and summary judgment against the Respondent is appropriate.  Therefore, the GC’s Motion for Summary Judgment is granted.

            Based on the existing record, the undersigned makes the following findings of fact, conclusions of law, and recommendations:

**FINDINGS OF FACT**
                        - The American Federation of Government Employees, Local 922, AFL-CIO (the Union), filed the charge in this proceeding on November 15, 2021, and a copy was served on the Department of Justice, Federal Bureau of Prisons, Federal Correctional Complex, Forrest City, Arkansas (the Respondent).
                        - The Respondent is an agency within the meaning of § 7103(a)(3) of the Statute.
                        - The American Federation of Government Employees, AFL-CIO (AFGE) is a labor organization within the meaning of § 7103(a)(4) of the Statute and is the certified exclusive representative of a nationwide consolidated unit of Bureau of Prisons employees, which includes employees of the Respondent (the unit).
                        - The Union is an agent of AFGE for the purpose of representing the unit employees employed at the Respondent.
                        - At all times material, the following individuals held the positions opposite their names and have been supervisors or management officials of the Respondent within the meaning of § 7103(a)(10) [1]  and (11) of the Statute and/or agents of the Respondent acting upon its behalf:

John Yates                                           Complex Warden

6. On September 20, 2021, the Union requested, by email, that the Respondent furnish the Union with the following information:

a. Copies of all documents showing that employees worked more than 16 hours in a 24-hour time period since Warden Yates issued the Consecutive Hours of Work Memo on December 11, 2020.

b. Copies of all overtime sign-up lists, overtime assignments, and all mandatory overtime rotation lists and assignments since Warden Yates issued the Consecutive Hours of Work Memo on December 11, 2020.

c. Copies of all other documentation relied upon by the Agency to assign overtime since Warden Yates issued the Consecutive Hours of Work Memo on December 11, 2020.

7. The information described in paragraph 6 is normally maintained by the Respondent in the regular course of business.

8. The information described in paragraph 6 is reasonably available.

9. The information described in paragraph 6, from the time period starting September 28, 2021 through the date the Respondent discloses the information, is necessary for full and proper discussion, understanding, and negotiation of subjects within the scope of bargaining.

10. The information described in paragraph 6 does not constitute guidance, advice, counsel, or training provided for management officials or supervisors, relating to collective bargaining.

11. The information described in paragraph 6 is not prohibited from disclosure by law.

12. Since September 20, 2021, the Respondent, through Yates, has been failing to respond to the Union’s request for information described in paragraphs 6-11.

13. Since September 20, 2021, the Respondent, through Yates, has been failing and refusing to furnish the Union with the information it requested as described in paragraphs 6-11.

14. By the conduct described in paragraphs 12 and 13, the Respondent has been failing and refusing to comply with § 7114(b)(4) of the Statute.

15. By the conduct described in paragraphs 12, 13, and 14, the Respondent has been failing and refusing to negotiate in good faith with the Union and violating § 7116(a)(1) and (5) of the Statute.

16. By the conduct described in paragraphs 12, 13, and 14, the Respondent has been violating § 7116(a)(1) and (8) of the Statute.

**CONCLUSIONS OF LAW**

            By the conduct set forth in Case No. AT-CA-22-0085, which contains allegations to which the Respondent has failed to file an Answer or otherwise demonstrate good cause for such failure, the Respondent admits that it violated § 7116(a)(1), (5) and (8) of the Statute by failing and refusing to respond to the Union’s information request and failing and refusing to provide the requested information, in accordance with § 7114(b)(4) of the Statute. 

            As a remedy, the GC requests that the Respondent be ordered to provide the Union the information it requested on September 20, 2021, and to post a notice signed by the Warden of the Federal Correctional Complex, Forrest City, Arkansas.  The requested remedies are traditionally ordered for such violations and are appropriate here.  *See, .e.g.*, *U.S. DOJ, Fed. BOP, Fed. Corr. Inst. Ray Brook, Ray Brook, N.Y.*, 68 FLRA 492, 494-95 (2015) (ordering the respondent to provide requested information); *U.S. DOJ, Fed. Transfer Ctr., Okla. City, Okla.*, 67 FLRA 221, 223, 226 (2014) (notice posting and electronic-notice posting are traditional remedies); *SSA*, 64 FLRA 293, 297 (2009) (notices typically signed by highest official responsible for the violation).

        In conclusion, the undersigned recommends that the Authority grant the GC’s Motion for Summary Judgment and issue the following Order:

**ORDER**

      Pursuant to § 2423.41(c) of the Rules and Regulations of the Authority and § 7118 of the Federal Service Labor-Management Relations Statute (the Statute), the Department of Justice, Federal Bureau of Prisons, Federal Correctional Complex, Forrest City, Arkansas (the Respondent), shall:
                        - Cease and desist from:  

a. Failing and refusing to respond to information requests of the American Federation of Government Employees, Local 922, AFL-CIO (the Union);  

b. Failing and refusing to provide information requested by the Union;

c. In any like or related manner, interfering with, restraining or coercing employees in the exercise of rights assured by the Statute.

2. Take the following affirmative action in order to effectuate the purposes and policies of the Statute:

a. Disclose the information requested by the Union on September 20, 2021;

b. Post the attached Notice, signed by the warden, on bulletin boards where the Respondent customarily posts notices to employees for 60 consecutive days and distribute the Notice by email to all bargaining unit employees of the Respondent.  The forms for the Notice will be supplied by the Federal Labor Relations Authority;

c. Pursuant to § 2423.41(e) of the Authority’s Rules and Regulations, notify the Acting Regional Director, Atlanta Region, Federal Labor Relations Authority, in writing, within 30 days from the date of this Order as to what steps have been taken to comply.

Issued, Washington, D.C., September 27, 2023                         

__________________________________

 DAVID L. WELCH    

Chief Administrative Law Judge

**NOTICE TO ALL EMPLOYEES**

**POSTED BY ORDER OF THE**

**FEDERAL LABOR RELATIONS AUTHORITY**

      The Federal Labor Relations Authority has found that the Department of Justice, Federal Bureau of Prisons, Federal Correctional Complex, Forrest City, Arkansas (the Agency), violated the Federal Service Labor-Management Relations Statute (the Statute) and has ordered us to post and abide by this notice.

**WE HEREBY NOTIFY EMPLOYEES THAT**:

**WE WILL NOT**fail to respond to information requests made by the American Federation of Government Employees, Local 922, AFL-CIO (the Union);

**WE WILL NOT**fail to provide information requested by the Union;

**WE WILL NOT,**in any like or related manner, interfere with, restrain, or coerce employees in the exercise of rights assured them by the Statute.

**WE WILL**disclose the information requested by the Union on September 20, 2021.

_______________________________

                        (Agency)

Dated:  ___________________     By:  ________________________________________

                                                                                  (Signature)                                  (Title)

This Notice must remain posted for 60 consecutive days from the date of posting and must not be altered, defaced, or covered by any other material.  If employees have any questions concerning this Notice or compliance with any of its provisions, they may communicate directly with the Acting Regional Director, Atlanta Regional Office, Federal Labor Relations Authority, whose address is:  229 Peachtree Street NE, Ste. 900, Atlanta, GA 30303, and whose telephone number is:  470-681-7630.

[1] In the Complaint, the GC erroneously referenced § 7103(a)(1), which defines a “person,” rather than § 7103(a)(10), which defines a “supervisor,” but it is clear from context that the GC intended to reference § 7103(a)(10), and that its reference to § 7103(a)(1) was a typographical error.

### Federal Labor Relations Authority

1400 K Street, NWWashington, DC 20424 771-444-5801

### Footer Menu Col1

              - Home
              - About Us
              - Components & Offices
              - Contact Us

### Footer Menu Col2

              - Case Types
              - Decisions
              - Resources & Training

### Promo Menu Block

eFilingAvailable Here

### Footer Secondary Menu

              - FOIA
              - Inspector General
              - No FEAR Act & EEO
              - Whistleblower Protection
              - Vulnerability Disclosure
              - OpenGov
              - 508 Compliance
              - Privacy Policy