INTERNAL UNION BUSINESS
In American Federation of Government Employees, Local 2419 and James J. Powers, 53 FLRA No. 69, the Authority rejected an employee’s assertion that his expulsion from Union membership violated sections 7102, 7116(b)(1) and (8), and 7116(c) of the Statute. As an initial matter, the Authority stated that it had jurisdiction under section 7116(b)(1) and (8) of the Statute to resolve the complaint because the case concerned a violation of section 7102 rights, rather than wholly internal union matters, and because no other provision of law was alleged to supersede the Statute. On the merits, the Authority rejected the argument that a union may not deny membership for any other reason than a failure to meet occupational standards or a failure to tender dues as set forth in section 7116(c)(1) and (2) of the Statute. According to the Authority, that interpretation would render meaningless the final proviso of 7116(c), which expressly permits a labor organization to "enforce discipline." However, consistent with its precedent, the Authority stated that a union may neither discipline an employee for filing an unfair labor practice charge nor take actions against an employee that affects his or her status as an employee. In addition, the Authority stated that, absent a threat to its continued existence, a union may not discipline an employee for mere criticism of its policies. Having considered the employee’s actions in the instant case, the Authority determined that the Union’s discipline of the employee did not violate the Statute and it dismissed the complaint.