Department of the Air Force, Space Division, Los Angeles, California (Respondent) and American Federation of Government Employees, Local 2429, AFL-CIO (Charging Party)
[ v06 p439 ]
06:0439(78)CA
The decision of the Authority follows:
6 FLRA No. 78 DEPARTMENT OF THE AIR FORCE SPACE DIVISION LOS ANGELES, CALIFORNIA Respondent and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2429 Charging Party Case No. 8-CA-137 DECISION AND ORDER THE ADMINISTRATIVE LAW JUDGE ISSUED THE ATTACHED RECOMMENDED DECISION AND ORDER IN THE ABOVE-ENTITLED PROCEEDING FINDING THAT THE RESPONDENT HAD ENGAGED IN CERTAIN UNFAIR LABOR PRACTICES AND RECOMMENDING THAT IT CEASE AND DESIST THEREFROM AND TAKE CERTAIN AFFIRMATIVE ACTION. THE JUDGE ALSO FOUND THAT THE RESPONDENT HAD NOT ENGAGED IN CERTAIN OTHER ALLEGED UNFAIR LABOR PRACTICES AND RECOMMENDED THAT THOSE PORTIONS OF THE COMPLAINT BE DISMISSED. THEREAFTER, THE UNION, THE RESPONDENT AND THE GENERAL COUNSEL FILED EXCEPTIONS AND SUPPORTING BRIEFS TO THE JUDGE'S RECOMMENDED DECISION AND ORDER. THE RESPONDENT ALSO FILED AN OPPOSITION TO THE GENERAL COUNSEL'S EXCEPTIONS. PURSUANT TO SECTION 2423.29 OF THE AUTHORITY'S RULES AND REGULATIONS (5 CFR 2423.29) AND SECTION 7118 OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE), THE AUTHORITY HAS REVIEWED THE RULINGS OF THE JUDGE MADE AT THE HEARING AND FINDS THAT NO PREJUDICIAL ERROR WAS COMMITTED. THE RULINGS ARE HEREBY AFFIRMED. UPON CONSIDERATION OF THE JUDGE'S RECOMMENDED DECISION AND ORDER, AND THE ENTIRE RECORD IN THIS CASE, THE AUTHORITY HEREBY ADOPTS THE JUDGE'S FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS AS MODIFIED HEREIN. ORDER PURSUANT TO SECTION 2423.29 OF THE FEDERAL LABOR RELATIONS AUTHORITY'S RULES AND REGULATIONS AND SECTION 7118 OF THE STATUTE, THE AUTHORITY HERE0Y ORDERS THAT THE DEPARTMENT OF THE AIR FORCE, SPACE DIVISION, LOS ANGELES, CALIFORNIA, SHALL: 1. CEASE AND DESIST FROM: (A) DENYING PERMISSION TO UNION NEGOTIATORS TO ATTEND COLLECTIVE BARGAINING NEGOTIATION SESSIONS FOR THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2429. (B) REQUIRING UNION NEGOTIATORS ENTITLED TO OFFICIAL TIME TO SELECT ANNUAL LEAVE, ABSENCE WITHOUT LEAVE OR LEAVE WITHOUT PAY STATUS PRIOR TO ATTENDING BONA FIDE NEGOTIATING SESSIONS. (C) IN ANY LIKE OR RELATED MANNER INTERFERING WITH, RESTRAINING OR COERCING ITS EMPLOYEES IN THE EXERCISE OF RIGHTS ASSURED BY THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE. 2. TAKE THE FOLLOWING AFFIRMATIVE ACTION IN ORDER TO EFFECTUATE THE PURPOSES AND POLICIES OF THE STATUTE: (A) UPON REQUEST, ALLOW UNION NEGOTIATORS TO ATTEND COLLECTIVE BARGAINING NEGOTIATION SESSIONS FOR THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2429. (B) UPON REQUEST, ALLOW UNION NEGOTIATORS ENTITLED TO OFFICIAL TIME TO ATTEND DULY AUTHORIZED NEGOTIATION SESSIONS FOR THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2429, WITHOUT SIGNING FOR ANNUAL LEAVE, ABSENCE WITHOUT LEAVE OR LEAVE WITHOUT PAY. (C) POST AT ITS FACILITIES AT THE DEPARTMENT OF THE AIR FORCE, SPACE DIVISION, LOS ANGELES, CALIFORNIA, COPIES OF THE ATTACHED NOTICE ON FORMS TO BE FURNISHED BY THE FEDERAL LABOR RELATIONS AUTHORITY. UPON RECEIPT OF SUCH FORMS THEY SHALL BE SIGNED BY THE INSTALLATION COMMANDER, DEPARTMENT OF THE AIR FORCE, SPACE DIVISION, LOS ANGELES, CALIFORNIA, AND SHALL BE POSTED AND MAINTAINED BY HIM FOR 60 CONSECUTIVE DAYS THEREAFTER IN CONSPICUOUS PLACES, INCLUDING ALL BULLETIN BOARDS AND OTHER PLACES WHERE NOTICES TO EMPLOYEES ARE CUSTOMARILY POSTED. THE INSTALLATION COMMANDER SHALL TAKE REASONABLE STEPS TO INSURE THAT SAID NOTICES ARE NOT ALTERED, DEFACED, OR COVERED BY ANY OTHER MATERIAL. (D) PURSUANT TO SECTION 2423.30 OF THE AUTHORITY'S RULES AND REGULATIONS, NOTIFY THE REGIONAL DIRECTOR OF REGION VIII, FEDERAL LABOR RELATIONS AUTHORITY, IN WRITING, WITHIN 30 DAYS FROM THE DATE OF THIS ORDER AS TO WHAT STEPS HAVE BEEN TAKEN TO COMPLY WITH THE ORDER. ISSUED, WASHINGTON, D.C., AUGUST 19, 1981 RONALD W. HAUGHTON, CHAIRMAN HENRY B. FRAZIER III, MEMBER LEON B. APPLEWHAITE, MEMBER FEDERAL LABOR RELATIONS AUTHORITY NOTICE TO ALL EMPLOYEES PURSUANT TO A DECISION AND ORDER OF THE FEDERAL LABOR RELATIONS AUTHORITY AND IN ORDER TO EFFECTUATE THE POLICIES OF CHAPTER 71 OF TITLE 5 OF THE UNITED STATES CODE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS WE HEREBY NOTIFY OUR EMPLOYEES THAT: WE WILL NOT DENY REQUESTS FROM UNION NEGOTIATORS TO ATTEND COLLECTIVE BARGAINING NEGOTIATION SESSIONS FOR THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2429. WE WILL NOT PREVENT UNION NEGOTIATORS ENTITLED TO OFFICIAL TIME FROM ATTENDING DULY AUTHORIZED NEGOTIATION SESSIONS FOR THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2429, WITHOUT SIGNING FOR ANNUAL LEAVE, ABSENCE WITHOUT LEAVE OR LEAVE WITHOUT PAY. WE WILL NOT, IN ANY LIKE OR RELATED MANNER, INTERFERE WITH, RESTRAIN, OR COERCE OUR EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE. WE WILL, UPON REQUEST, ALLOW UNION NEGOTIATORS TO ATTEND COLLECTIVE BARGAINING NEGOTIATION SESSIONS FOR THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2429. WE WILL, UPON REQUEST, ALLOW UNION NEGOTIATORS ENTITLED TO OFFICIAL TIME TO ATTEND DULY AUTHORIZED NEGOTIATION SESSIONS FOR THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2429, WITHOUT SIGNING FOR ANNUAL LEAVE, ABSENCE WITHOUT LEAVE OR LEAVE WITHOUT PAY. (AGENCY OR ACTIVITY) DATED: BY: (SIGNATURE) 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 REGIONAL DIRECTOR, FEDERAL LABOR RELATIONS AUTHORITY, WHOSE ADDRESS IS: WORLD TRADE CENTER, 350 S. FIGUEROA STREET, 10TH FLOOR, LOS ANGELES, CALIFORNIA 90071, AND WHOSE TELEPHONE NUMBER IS: (213) 688-3805. -------------------- ALJ DECISION FOLLOWS -------------------- JOSEPH SWERDZEWSKI, ESQ. FOR THE GENERAL COUNSEL MAJOR JERRY BRASEL, ESQ. FOR THE RESPONDENT BEFORE: ELI NASH, JR. ADMINISTRATIVE LAW JUDGE CASE NO. 8-CA-137 DECISION I. STATEMENT OF THE CASE THIS MATTER AROSE PURSUANT TO THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE, 92 STAT. 1191, 5 U.S.C. 7101, ET SEQ., AS THE RESULT OF AN AMENDED COMPLAINT WHICH ISSUED ON JANUARY 15, 1980, BASED UPON A CHARGE FILED BY THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2429, HEREIN CALLED THE UNION, ON JULY 5, 1979. /1/ THE COMPLAINT ALLEGED THAT DEPARTMENT OF THE AIR FORCE SPACE DIVISION, LOS ANGELES, CALIFORNIA, HEREIN CALLED RESPONDENT, VIOLATED: (1) SEC. 7116(A)(1) AND (5) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE, CHAPTER 71 OF TITLE 5 OF THE U.S. CODE 5 U.S.C. SECTION 7101 ET SEQ., HEREIN CALLED THE STATUTE, BY UNILATERALLY DESIGNATING THE NUMBER OF UNION NEGOTIATORS ENTITLED TO OFFICIAL TIME FOR NEGOTIATION OF COLLECTIVE BARGAINING AGREEMENTS WITHOUT AFFORDING THE UNION AN OPPORTUNITY TO MEET AND NEGOTIATE THE NUMBER OF NEGOTIATORS ENTITLED TO OFFICIAL TIME, AND BY UNILATERALLY REQUIRING THE UNION'S NEGOTIATORS TO SELECT ANNUAL LEAVE, LEAVE WITHOUT PAY, OR ABSENCE WITHOUT LEAVE STATUS; (2) SEC. 7116(A)(1) AND (2) BY REQUIRING SUPERVISORS OF UNION MEMBERS TO PLACE THESE MEMBERS IN ABSENCE WITHOUT LEAVE STATUS DURING PERIODS THE MEMBERS ACTED AS NEGOTIATORS; AND (3) SEC. 7116(A)(1) BY DENYING THE REQUEST OF AN EMPLOYEE TO ATTEND CONTRACT NEGOTIATIONS. AN ANSWER TO THE AMENDED COMPLAINT WAS FILED BY RESPONDENT WHICH, IN SUBSTANCE, DENIED THE COMMISSION OF ANY UNFAIR LABOR PRACTICES. A HEARING WAS HELD IN THIS MATTER BEFORE THE UNDERSIGNED AT THE LOS ANGELES, CALIFORNIA AIR FORCE STATION, ON FEBRUARY 19, 1980. ALL PARTIES WERE REPRESENTED BY COUNSEL AND AFFORDED FULL OPPORTUNITY TO BE HEARD, ADDUCE RELEVANT EVIDENCE, AND EXAMINE AND CROSS-EXAMINE WITNESSES. ALL PARTIES FILED BRIEFS WHICH HAVE BEEN DULY CONSIDERED. BASED UPON THE ENTIRE RECORD HEREIN, INCLUDING MY OBSERVATION OF THE WITNESSES AND THEIR DEMEANOR, THE EXHIBITS AND OTHER RELEVANT EVIDENCE ADDUCED AT THE HEARING, I MAKE THE FOLLOWING FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER. II. STATEMENT OF FACTS RESPONDENT AND THE UNION, WHICH IS THE EXCLUSIVE REPRESENTATIVE OF THE EMPLOYEES INVOLVED HEREIN, ARE PARTIES TO COLLECTIVE BARGAINING AGREEMENTS WHICH COVERED APPROPRIATED FUND AND NON-APPROPRIATED FUND EMPLOYEES AT RESPONDENT'S FACILITY DURING ALL TIMES MATERIAL HEREIN. ON OR ABOUT MAY 15, 1978, THE PARTIES NEGOTIATED AND SIGNED A MEMORANDUM OF UNDERSTANDING GOVERNING PROCEDURES FOR THE NEGOTIATION OF A WRITTEN AGREEMENT WHICH SET FORTH GROUND RULES TO BE FOLLOWED IN NEGOTIATING THE PARTIES' CONTRACTS INVOLVED HEREIN. THE GROUND RULES PROVIDED IN SECTION 4 THAT THE UNION WOULD RECEIVE (200) TWO HUNDRED HOURS OF OFFICIAL TIME FOR NEGOTIATION OF THE NON-APPROPRIATED FUND CONTRACT AND, IN SECTION 5, THAT EACH NEGOTIATING TEAM WOULD CONSIST OF NOT MORE THAN FIVE MEMBERS. BY THE END OF 1978 THE UNION HAD EXHAUSTED ALL OF ITS OFFICIAL TIME PROVIDED FOR UNDER THE GROUND RULES AND NEGOTIATIONS WERE HELD OFF THE CLOCK. SOME TIME AROUND JANUARY 25, 1980, RESPONDENT RECEIVED GUIDANCE FROM AIR FORCE COMMAND ON THE INTERPRETATION OF SEC. 7131(A) OF THE STATUTE, /2/ TO THE EFFECT THAT THE "GROUND RULES WERE STILL IN EFFECT AS FAR AS THE AMOUNT OF MEMBERS FOR EACH TEAM WAS CONCERNED; HOWEVER, WITH THE CHANGE IN THE LAW, IF THE OFFICIAL TIME WAS USED UP THE UNION COULD ONLY HAVE AS MANY MEMBERS AS THE MANAGEMENT TEAM ON OFFICIAL TIME." APPARENTLY, PRIOR TO THE ENACTMENT OF THE STATUTE, THE PARTIES DID NOT DISCUSS THE EFFECT OF THE STATUTE ON THE NEGOTIATIONS WHICH WERE TAKING PLACE. RESPONDENT'S CHIEF NEGOTIATOR AND LABOR RELATIONS SPECIALIST, JEFFREY VAN VOHRIS, TESTIFIED THAT AFTER HE WAS ADVISED OF THE AIR FORCE POSITION, HE CALLED THE UNION PRESIDENT AND CHIEF NEGOTIATOR BERTHA JONES IN LATE JANUARY AND ADVISED HER THAT RESPONDENT WAS "DESIGNATING FOR THE UPCOMING APPROPRIATED FUND NEGOTIATIONS THREE, AND FOR ANY FUTURE NON-APPROPRIATED FUND NEGOTIATIONS WE MIGHT HAVE TO HAVE BECAUSE OF THE REFORM ACT REVISIONS WE WERE MAKING IT, IT WOULD BE TWO." ACCORDING TO VAN VOHRIS, JONES RESPONDED, "BUT I'M NOT INTERESTED IN WHAT AIR FORCE POSITION IS. WE DO NOT AGREE." NEGOTIATION SESSIONS WERE HELD ON THE NON-APPROPRIATED FUND CONTRACT ON FEBRUARY 6, 1979, MARCH 2, 1979, MARCH 12, 1979, AND APRIL 17, 1979. UNION PRESIDENT AND CHIEF NEGOTIATOR, BERTHA JONES, WAS THE ONLY UNION NEGOTIATOR AT THE FEBRUARY 6, 1979 SESSION AND RECEIVED OFFICIAL TIME FOR HER PARTICIPATION. AT THE SECOND SESSION, HELD ON MARCH 2, 1979, JONES WAS JOINED BY GLORIA HEWETT, UNION VICE PRESIDENT AND ALTERNATE CHIEF NEGOTIATOR. THE PARTIES DISCUSSED CHANGES BROUGHT ABOUT BY THE ENACTMENT OF THE CIVIL SERVICE REFORM ACT. IN ADDITION, THE UNION TOLD RESPONDENT THAT IT WAS REDUCING ITS TEAM FROM FIVE TO THREE MEMBERS. JONES TESTIFIED THAT THE REDUCTION WAS BECAUSE SHE FELT IT NEEDED ONLY THREE NEGOTIATORS. HEWETT TESTIFIED THAT THIS WAS DONE PRIMARILY BECAUSE THERE WERE ONLY THREE MEMBERS LEFT ON THE MANAGEMENT TEAM. HEWETT, ALTHOUGH STATING THAT SHE KNEW THAT THERE WERE THREE MEMBERS ON THE MANAGEMENT TEAM, RECALLED ONLY VAN VOHRIS BEING PRESENT AT THIS MEETING. RESPONDENT HAD TWO NEGOTIATORS PRESENT AT MOST OF THESE MEETINGS, INCLUDING VAN VOHRIS. BOTH HEWETT AND JONES RECEIVED OFFICIAL TIME FOR THEIR PARTICIPATION DURING THESE MEETINGS. AT THE APRIL 17, 1979 SESSION, WHICH WAS A SIGNING CEREMONY, JONES WAS JOINED BY NATIONAL REPRESENTATIVES. SHE WAS THE ONLY LOCAL NEGOTIATOR PRESENT AND RECEIVED OFFICIAL TIME FOR THIS SESSION. AROUND MAY 16, 1979, JONES WAS INFORMED BY VAN VOHRIS THAT CERTAIN PARTS OF THE CONTRACT FOR THE NON-APPROPRIATED FUND HAD BEEN DISAPPROVED AND THAT THE "MANAGEMENT TEAM" WAS PREPARED TO RETURN TO THE BARGAINING TABLE. PURSUANT TO RESPONDENT'S LETTER, JONES AND HEWETT WENT TO A MEETING TO RENEGOTIATE THE DISAPPROVED PARTS OF THE CONTRACT SCHEDULED FOR MAY 25, 1979. ACCORDING TO JONES, THERE WAS NEVER ANY PROBLEM WITH OFFICIAL TIME UNTIL THIS MEETING. JONES TESTIFIED THAT AT THE MEETING ATTENDED BY VAN VOHRIS, HEWETT AND HERSELF, THAT VAN VOHRIS "INDICATED THAT HE WANTED TO KNOW WHICH ONE OF US WAS ON ANNUAL LEAVE BECAUSE MANAGEMENT WAS ALONE ON THAT PARTICULAR DAY AND THEREFORE WE WOULD BE AUTHORIZED ONE NEGOTIATOR." JONES REPLIED THAT, "HE WAS BEING UNREASONABLE AND WE HAD PREVIOUSLY AGREED TO THREE AND CERTAINLY A TEAM OF ONE WAS NOT A TEAM." HEWETT TESTIFIED THAT VAN VOHRIS TOLD THEM AT THE OUTSET THAT "WE WERE ON AWOL" AND THAT ONLY ONE PERSON WAS GOING TO BE AUTHORIZED OFFICIAL TIME BECAUSE THERE WAS ONLY ONE MEMBER LEFT ON THE MANAGEMENT TEAM. PHYLLIS SIMMONS, THE THIRD UNION NEGOTIATOR, ARRIVED ABOUT AN HOUR LATE FOR THE MEETING AND STATES THAT BEFORE SHE COULD SIT DOWN. "VAN VOHRIS SAID, 'YOU COULD BE ON AWOL', OR HE WAS TRYING TO FIND OUT FROM BERTHA WHO COULD BE ON AWOL." SIMMONS CONTINUED THAT VAN VOHRIS INSISTED ON OFFICIAL TIME ON A "ONE-TO-ONE BASIS." THE MEETING PROCEEDED, BUT ALL THREE UNION REPRESENTATIVES WERE CONSEQUENTLY CHARGED AWOL. THE UNION HAD RECEIVED NO PRIOR NOTICE OF THE DESIGNATION OF ONE MANAGEMENT NEGOTIATOR FOR THIS MEETING. ON JUNE 1, 1979, VAN VOHRIS WROTE JONES CITING P.L. 95-454, TITLE VII, SEC. 7131(A) AND STATING THAT, "SINCE JANUARY 1979 THE EFFECTIVE DATE OF THE CSRA THE SAMSO MANAGEMENT NEGOTIATIONS TEAM HAS CONSISTED OF THREE MEMBERS, THE NAF MANAGEMENT NEGOTIATING TEAM HAD CONSISTED OF TWO MEMBERS. THEREFORE, OFFICIAL TIME MAY BE GRANTED FOR THREE UNION NEGOTIATORS IN THE SAMSO AGREEMENT /3/ AND FOR TWO UNION NEGOTIATORS ON THE NAF AGREEMENT. ANY UNION NEGOTIATORS IN EXCESS OF THE NUMBERS OFFICIALLY DESIGNATED AS REPRESENTING MANAGEMENT WILL NOT RECEIVE OFFICIAL TIME." A JUNE 6, 1979 LETTER FROM VAN VOHRIS TO JONES STATES THAT PRIOR TO THE MAY 25, 1979 MEETING, HE HAD REQUESTED THAT JONES DESIGNATE THE UNION NEGOTIATORS ON OFFICIAL TIME, AND STATE THAT THERE WERE THREE NEGOTIATORS PRESENT AT THE MEETING WHEN THE UNION WAS ONLY AUTHORIZED TWO ON OFFICIAL TIME. THE LETTER ADDED THAT JONES HAD REFUSED TO DESIGNATE THE NEGOTIATORS ON OFFICIAL TIME. VAN VOHRIS CONCLUDED BY STATING THAT MANAGEMENT HAD NO AUTHORITY TO DESIGNATE WHICH UNION NEGOTIATORS COULD BE CARRIED ON OFFICIAL TIME, AND REQUESTED THE UNION MAKE THE DESIGNATION SO THAT THE TWO NEGOTIATORS ENTITLED TO OFFICIAL TIME COULD RECEIVE THE TIME. THEREAFTER, IN A TELEPHONE CONVERSATION ON OR ABOUT JUNE 8, 1979, VAN VOHRIS ASKED JONES IF SHE COULD AGREE TO TWO NEGOTIATORS FOR THE NON-APPROPRIATED FUND CONTRACT. JONES TOLD HIM THAT SHE THOUGHT THAT THREE WAS A REASONABLE NUMBER. SUBSEQUENTLY, BY LETTER DATED JUNE 8, 1979, VAN VOHRIS INFORMED THE UNION THAT ALL THREE NEGOTIATORS WOULD BE CHARGED AWOL FOR THEIR PARTICIPATION IN NEGOTIATIONS ON MAY 25, 1979. JONES RESPONDED BY LETTER DATED JUNE 12, 1979, IN WHICH SHE STATED THAT VAN VOHRIS, AT THE OUTSET OF THE MAY 25, 1979 MEETING, HAD SAID THAT THE UNION WAS ENTITLED TO ONLY ONE NEGOTIATOR ON OFFICIAL TIME WHILE THE UNION ADVISED HIM THAT, AS AGREED TO PREVIOUSLY, ITS TEAM CONSISTED OF THREE. IN A LETTER DATED JUNE 15, 1979, VAN VOHRIS ONCE AGAIN STATED RESPONDENT'S POSITION THAT UNDER SEC. 7131(A), "OFFICIAL TIME FOR UNION NEGOTIATORS SHALL NOT EXCEED THE NUMBER OF INDIVIDUALS DESIGNATED AS REPRESENTING THE AGENCY." JONES, HEWETT, AND PHYLLIS SIMMONS EACH WERE CHARGED WITH TWO HOURS ABSENCE WITHOUT LEAVE (AWOL) FOR THEIR PARTICIPATION IN THE MAY 25, 1979 NEGOTIATIONS. SIMMONS' TWO HOURS OF AWOL WERE LATER REDUCED TO ONE HOUR. THE RECORD IS CLEAR THAT ONLY TWO UNION NEGOTIATORS WERE PRESENT FOR THE FIRST HOUR OF THE NEGOTIATIONS ON THIS DATE. NEGOTIATIONS ON THE NON-APPROPRIATED FUND CONTRACT CONTINUED ON JUNE 22, 1979. THE UNION NEGOTIATION TEAM DURING THIS SESSION CONSISTED OF JONES, HEWETT, AND SANDY RUCKER. THE COMPOSITION OF THE UNION NEGOTIATION TEAM WAS AGAIN CHALLENGED BY VAN VOHRIS WHO INDICATED, AT THAT TIME, THAT ALL THOSE IN EXCESS OF TWO WOULD BE CHARGE AWOL. BOTH JONES AND HEWETT WERE CHARGED AWOL FOR THEIR PARTICIPATION IN THIS NEGOTIATION SESSION AND RUCKER, AFTER BEING TOLD BY HIS SUPERVISOR THAT HE WOULD BE CHARGED AWOL UNLESS HE TOOK LEAVE FOR THE TIME HE PARTICIPATED IN THE NEGOTIATIONS, ELECTED TO TAKE ANNUAL LEAVE. EVEN THOUGH ONLY TWO NEGOTIATORS WERE ON OFFICIAL TIME AS A RESULT OF RUCKER'S LEAVE, BOTH HEWETT AND JONES WERE CHARGED WITH AWOL FOR JUNE 22, 1979. ON JUNE 25, 1979 NEGOTIATIONS ON THE NON-APPROPRIATED FUND CONTRACT CONTINUED WITH THE UNION'S NEGOTIATING TEAM AGAIN CONSISTING OF JONES, HEWETT AND RUCKER. VAN VOHRIS AGAIN INDICATED THAT NEGOTIATORS IN EXCESS OF TWO WOULD BE CHARGED AWOL FOR THIS SESSION. THIS NEGOTIATING SESSION LASTED FROM 2:00 P.M. UNTIL 4:00 P.M. AS BEFORE, HEWETT AND JONES WERE CHARGED AWOL FOR THIS SESSION. RUCKER'S NORMAL WORK DAY HAD ENDED AT 2:30 P.M. BETWEEN 2:30 AND 4:00 P.M., WHICH WAS THE END OF NEGOTIATIONS, HE WAS AT THE BARGAINING TABLE ON HIS OWN TIME. RUCKER HAD NOT BEEN CHARGED AWOL FOR THE PERIOD BETWEEN 1:00 P.M. AND 2:30 P.M., BUT BOTH JONES AND HEWETT WERE CHARGED WITH AWOL FOR THE PERIOD 2:30 P.M. TO 4:00 P.M. EVEN THOUGH THERE WERE ONLY TWO NEGOTIATORS ON OFFICIAL TIME. DURING THE JUNE 22 AND JUNE 25 NEGOTIATIONS, MANAGEMENT'S NEGOTIATING TEAM CONSISTED OF TWO NEGOTIATORS AND THE UNION WAS TOLD THAT ALL THOSE IN EXCESS OF TWO WOULD BE CARRIED AS AWOL. UNION PRESIDENT JONES TESTIFIED THAT WHILE ON THE TELEPHONE WITH HEWETT ON JUNE 27, 1979, SHE OVERHEARD HEWETT'S SUPERVISOR, COLONEL LA FAVE, TELL HEWETT THAT HE HAD RECEIVED A MEMORANDUM FROM VAN VOHRIS AND BASED ON THAT MEMORANDUM HE WOULD HAVE TO CHARGE HER AWOL FOR THE PREVIOUS NEGOTIATIONS, AND THAT HE COULD NOT GRANT HER PERMISSION TO GO TO NEGOTIATIONS ON JUNE 28, 1979. HEWETT GIVES A SIMILAR ACCOUNT OF THE CONVERSATION WITH COLONEL LA FAVE ON JUNE 27, 1979, SAYING THAT LA FAVE BROUGHT HER A MEMORANDUM FROM VAN VOHRIS, ALLEGEDLY STATING THAT HE HAD BEEN AUTHORIZED "TO CHARGE ME AWOL". HEWETT STATES THAT SHE TOLD LA FAVE THAT THERE WAS NO DISPUTE CONCERNING THE APPROPRIATED FUND CONTRACT WHICH WAS TO BE NEGOTIATED ON JUNE 28, THAT THEY WERE FINISHED WITH THE NON-APPROPRIATED FUND CONTRACT AND THAT HE SHOULD CHECK WITH VAN VOHRIS BECAUSE THAT WAS WRONG. A FEW MINUTES LATER LA FAVE ALLEGEDLY RETURNED AND TOLD HEWETT, "THE MORE THAT HE READ THE MEMO THE MORE CERTAIN (HE WAS) THAT (IT) MEANT I COULD NOT GO BACK TO THE NEGOTIATING TABLE." HEWETT DID NOT ATTEND THE JUNE 28 NEGOTIATION SESSION FOR THE APPROPRIATED FUND CONTRACT NOR DID SHE ATTEND ANOTHER APPROPRIATED FUND SESSION HELD JULY 3, 1979. COLONEL LA FAVE RECALLED THE CONVERSATION WITH HEWETT, BUT STATED THAT IT APPEARED TO HIM THAT HEWETT WAS ASKING FOR SOME KIND OF ADVICE AS TO WHETHER SHE SHOULD ATTEND THE UPCOMING NEGOTIATIONS OR NOT. ACCORDING TO LA FAVE, HIS REPLY WAS THAT, "SHE KNEW WHAT THAT MEMO HAD SAID AND THAT I HAD JUST RECEIVED ANOTHER LETTER AND THAT IF SHE WENT SHE HAD SOME OPTIONS AVAILABLE." THOSE OPTIONS, ACCORDING TO LA FAVE, WERE TO TAKE AWOL, LEAVE WITHOUT PAY OR ANNUAL LEAVE IF SHE ATTENDED AND THE UNION HAD NOT DESIGNATED WHO ITS NEGOTIATION TEAM ON OFFICIAL TIME WAS TO BE. IN ATTEMPTING TO OBTAIN CLEARANCE FOR HEWETT TO ATTEND NEGOTIATIONS, JONES WROTE RESPONDENT'S CHIEF OF STAFF, COLONEL G. K. DAHMEN, ON JULY 2, 1979 REQUESTING THAT HEWETT BE PERMITTED TO ATTEND THE JULY 3, 1979 NEGOTIATION SESSION. THE LETTER POINTED OUT THAT NO DISPUTE EXISTED CONCERNING THE NUMBER OF NEGOTIATORS ON THE APPROPRIATED FUND CONTRACT TEAM. COLONEL DAHMEN'S RESPONSE WAS RECEIVED BY THE UNION ON JULY 12, 1979 AND SET FORTH THE REQUIREMENT THAT NO ABSENCE IN OFFICIAL TIME COULD BE GRANTED UNTIL THOSE "NEGOTIATORS ON OFFICIAL TIME WERE DESIGNATED BY THE UNION CHIEF NEGOTIATOR." DISCUSSION AND CONCLUSIONS THE GENERAL COUNSEL INITIALLY ASSERTS THAT RESPONDENT VIOLATED SECTION 7116(A)(1) AND (5) OF THE STATUTE BY UNILATERALLY DESIGNATING THE NUMBERS OF UNION NEGOTIATORS ENTITLED TO OFFICIAL TIME FOR NEGOTIATIONS WITHOUT AFFORDING THE UNION AN OPPORTUNITY TO MEET AND NEGOTIATE THE NUMBER OF NEGOTIATORS ENTITLED TO OFFICIAL TIME, AND BY REQUIRING THE UNION'S NEGOTIATORS TO SELECT ANNUAL LEAVE, LEAVE WITHOUT PAY, OR ABSENCE WITHOUT LEAVE. RESPONDENT, ON THE OTHER HAND, CONTENDS THAT IT HAD NO OBLIGATION TO NEGOTIATE CONCERNING THE MAKE UP OF ITS NON-APPROPRIATED FUND NEGOTIATION TEAM AND THAT ONCE THE NUMBER OF ITS TEAM WAS DESIGNATED, THE UNION WAS LIMITED BY LAW TO AN EQUAL NUMBER OF NEGOTIATORS ON OFFICIAL TIME. THE AUTHORITY RECENTLY FOUND IN NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 1451, 3 FLRA NO. 14, A NEGOTIABILITY DECISION, THAT THE DESIGNATION OF REPRESENTATIVES FOR THE PURPOSE OF NEGOTIATIONS WAS NON-NEGOTIABLE, STATING THAT THE DISPUTED PROPOSAL CONCERNED MATTERS WHICH WERE BEYOND THOSE DIRECTLY AFFECTING UNIT EMPLOYEES. BASED ON THE AUTHORITY'S FINDINGS IN THAT MATTER, I AGREE WITH RESPONDENT THAT UNDER SECTION 7131(A) IT WAS NOT REQUIRED TO NEGOTIATE CONCERNING THE MAKE UP OF ITS TEAM AND THAT THE UNION WAS ENTITLED TO ONLY AN EQUAL NUMBER OF NEGOTIATORS ON OFFICIAL TIME. FURTHERMORE, I AGREE WITH RESPONDENT THAT ANY ATTEMPT BY IT TO DESIGNATE WHICH UNION NEGOTIATORS WOULD BE PLACED ON OFFICIAL TIME WOULD BE AN INTERFERENCE WITH INTERNAL UNION AFFAIRS AND AN ATTEMPT TO DICTATE WHICH NEGOTIATORS THE UNION COULD USE. THEREFORE, RESPONDENT'S REQUEST THAT THE UNION DESIGNATE WHICH INDIVIDUALS WOULD BE THE UNION'S NEGOTIATORS FOR THE PURPOSES OF THE OFFICIAL TIME PROVISION OF THE STATUTE WOULD NOT BE VIOLATIVE OF THE STATUTE. THE GENERAL COUNSEL ALSO ARGUES THAT THE PARTIES HAVE AN ESTABLISHED PRACTICE OF BARGAINING OVER THE NUMBER OF NEGOTIATORS ENTITLED TO OFFICIAL TIME. ALTHOUGH THE RECORD DISCLOSED THAT DISCUSSIONS TOOK PLACE ON MARCH 13 AND 14, 1979 CONCERNING THE NUMBER OF NEGOTIATORS FOR THE PARTIES' APPROPRIATED FUND CONTRACT, THERE IS NO EVIDENCE THAT THE NUMBER OF NEGOTIATORS ESTABLISHED FOR THE MANAGEMENT TEAM WAS ARRIVED AT THROUGH NEGOTIATIONS, BUT RATHER THROUGH MANAGEMENT'S OWN DESIGNATION AS TO WHO WOULD COMPOSE ITS TEAM. THUS, I FIND THAT THE NUMBER OF NEGOTIATORS FOR THAT CONTRACT WAS NOT NEGOTIATED AND THAT RESPONDENT WAS AWARE, AT THAT TIME, THAT IT HAD NO OBLIGATION TO NEGOTIATE CONCERNING THE NUMBER ON ITS TEAM. IT DID NOT, THEREFORE, ESTABLISH A PRACTICE THROUGH THESE MEETINGS OF NEGOTIATING THE NUMBERS OF ITS TEAM. /4/ IN ADDITION, THE GENERAL COUNSEL RELIED ON THE PARTIES' GROUND RULES TO ESTABLISH A PAST PRACTICE OF NEGOTIATING THE NUMBER OF NEGOTIATORS ON EACH TEAM. IN THIS REGARD, THE GROUND RULES FOR NEGOTIATIONS HAD NEVER BEEN ELEVATED TO THE STATUS OF A CONTRACT AND CANNOT, ABSENT MUTUAL AGREEMENT, BE CONSIDERED TO BE CONTINUED UNDER SECTION 7135(A)(1). WITH RESPECT TO SUCH CONTINUATION, THE AUTHORITY RECENTLY STATED IN INTERPRETATION AND GUIDANCE, 2 FLRA NO. 31, THAT WHILE COLLECTIVE BARGAINING AGREEMENTS MAY BE RENEWED UNDER SECTION 7135(A)(1), "IF EITHER PARTY TO SUCH PROVISIONS IN AN EXISTING AGREEMENT OBJECTS TO THE CONTINUATION OR THE RENEWAL THEREOF, SUCH OBJECTION PREVENTS THE CONTINUATION OR RENEWAL OF THOSE AGREEMENT PROVISIONS UNDER SECTION 7135(A)(1) OF THE STATUTE." THE GROUND RULES HEREIN HAD NOT ATTAINED THE STATUS OF A COLLECTIVE BARGAINING AGREEMENT AND IF THEY HAD, COULD ONLY BE CONTINUED BY AGREEMENT OF BOTH PARTIES. RESPONDENT CLEARLY OBJECTED TO THEIR CONTINUANCE AND, IN MY VIEW, IT CANNOT NOW BE ESTABLISHED THROUGH THE GROUND RULES THAT THE PRACTICE OF NEGOTIATING TEAM COMPOSITION EXISTED. IN MY VIEW, RESPONDENT PROPERLY TOOK THE POSITION THAT THE GROUND RULES DID NOT TAKE PRECEDENCE OVER THE STATUTE AND THAT THE PROVISIONS OF THE GROUND RULES ALLOWING EACH SIDE FIVE NEGOTIATORS WERE NOT CONTINUED AND THAT IT COULD DETERMINE THE MEMBERS OF THE MANAGEMENT TEAM WITHOUT BEING BOUND BY THE GROUND RULES AS A PAST PRACTICE. IT IS, THEREFORE, FOUND THAT RESPONDENT DID NOT VIOLATE SECTION 7116(A)(1) AND (5) OF THE STATUTE BY EITHER UNILATERALLY DESIGNATING THE NUMBER OF UNION NEGOTIATORS ENTITLED TO OFFICIAL TIME OR BY REQUIRING UNION NEGOTIATORS TO SELECT A LEAVE STATUS. IT IS ASSERTED THAT RESPONDENT'S CHIEF NEGOTIATOR, VAN VOHRIS, TOLD THE UNION AT THE MAY 25, 1979 MEETING THAT IT WOULD BE ENTITLED TO ONLY ONE NEGOTIATOR ON OFFICIAL TIME SINCE HE WAS THE ONLY MANAGEMENT NEGOTIATOR IN ATTENDANCE. VAN VOHRIS CONTENDS THAT HE ADVISED THE UNION THAT MANAGEMENT HAD MADE A DESIGNATION OF TWO AND THAT JONES HAD ASKED, "DOES THIS MEAN THAT WE CAN ONLY HAVE ONE?" WHILE I CREDIT JONES, HEWETT AND SIMMONS THAT VAN VOHRIS DID TALK IN TERMS OF "ONE" NEGOTIATOR, IT WOULD APPEAR THAT HIS REMARKS IN THAT RESPECT WERE DIRECTED TO WHICH UNION NEGOTIATOR WAS ON OFFICIAL TIME AND WHICH ONE OF THE NEGOTIATORS WOULD BE PLACED ON LEAVE. THE RECORD SHOWS THAT RESPONDENT TOOK THE POSITION BEGINNING IN LATE JANUARY OR EARLY FEBRUARY THAT ITS NON-APPROPRIATED FUND TEAM WOULD CONSIST OF TWO MEMBERS WITH THE UNION STILL CONTENDING THAT IT WAS ENTITLED TO THREE. IT ALSO ESTABLISHED THAT IN NONE OF THE NON-APPROPRIATED FUND NEGOTIATIONS BETWEEN MARCH AND APRIL DID THE NUMBER OF NEGOTIATORS EXCEED TWO. BASED ON THE FACT THAT TWO NEGOTIATORS HAD BEEN PRESENT FOR EACH SIDE DURING THESE EARLIER SESSIONS, MANAGEMENT'S ADVICE FROM AIR FORCE COMMAND, AND THE UNION'S STUBBORN INSISTENCE THAT IT WAS ENTITLED TO THREE ON OFFICIAL TIME, IT WOULD NOT HAVE BEEN INCONSISTENT FOR VAN VOHRIS TO STATE THAT ONE OF THE NEGOTIATORS WAS NOT ON OFFICIAL TIME. I AM COMPELLED TO FIND THAT THE UNION NEGOTIATORS MISUNDERSTOOD THE CONVERSATION AND THAT VAN VOHRIS' REMARKS WERE INDEED DIRECTED AT WHICH OF THE THREE NEGOTIATORS WOULD BE PLACED IN A NON-PAY STATUS. SUCH AN INQUIRY WOULD, IN MY VIEW, BE LEGITIMATE. BY THE TIME THE PARTIES MET FOR THE JUNE NEGOTIATIONS ON THE NON-APPROPRIATED FUND CONTRACT, IT WAS OBVIOUSLY CLEAR TO THE UNION THAT THE MANAGEMENT TEAM CONSISTED OF ONLY TWO NEGOTIATORS. FURTHERMORE, IT SHOULD HAVE BEEN CLEAR THAT IT WAS ENTITLED TO THE NUMBER OF NEGOTIATORS "NOT TO EXCEED THE NUMBER OF INDIVIDUALS DESIGNATED AS REPRESENTING THE AGENCY." THUS, ANY CLAIM BY THE UNION THAT IT WAS ENTITLED TO MORE THAN TWO NEGOTIATORS WAS WITHOUT FOUNDATION UNDER THE LAW. MOREOVER, RESPONDENT'S REQUEST THAT THE UNION DESIGNATE WHICH NEGOTIATORS WOULD BE PLACED ON OFFICIAL TIME FOR THE JUNE 22 AND JUNE 29, 1979 NEGOTIATIONS WAS THEREFORE PROPERLY MADE. IN ALL THE CIRCUMSTANCES HEREIN, THE UNION HAD THE OPTION OF DESIGNATING WHICH INDIVIDUALS IT WANTED PLACED ON OFFICIAL TIME AND IT IS MY VIEW THAT THE UNION HAD AN OBLIGATION TO DESIGNATE, SINCE FOR MANAGEMENT TO PICK OR CHOOSE WHICH INDIVIDUAL WOULD RECEIVE OFFICIAL TIME WOULD BE AN INTERFERENCE WITH THE UNION'S INTERNAL AFFAIRS. FINALLY, IT APPEARS FROM THE RECORD THAT ONLY TWO NEGOTIATORS WERE ON OFFICIAL TIME DURING THE JUNE 22 AND JUNE 29 MEETINGS, SINCE RUCKER WAS ON ANNUAL LEAVE DURING ONE SESSION AND ON HIS OWN TIME DURING THE JUNE 29 SESSION. HOWEVER, AS PREVIOUSLY STATED, THE UNION SHOULD HAVE BEEN AWARE THAT IT WAS ONLY ENTITLED TO TWO NEGOTIATORS ON OFFICIAL TIME, AND ITS OBLIGATION WHERE IT HAD THREE NEGOTIATORS, IF IT DESIRED TO EXERCISE THE OFFICIAL TIME PROVISIONS OF THE STATUTE, WAS TO DESIGNATE FOR THAT PURPOSE WHICH TWO OF THE THREE WOULD BE SERVING IN THE OFFICIAL TIME CAPACITY. BASED ON THE FOREGOING, IT IS FOUND THAT RESPONDENT'S PLACING ALL THREE INDIVIDUALS ON ABSENCE WITHOUT LEAVE STATUS UNTIL THE UNION DESIGNATED WHICH INDIVIDUALS WERE SERVING IN AN OFFICIAL TIME CAPACITY AND REQUIRING SUPERVISORS TO PLACE THE NEGOTIATORS ON ABSENCE WITHOUT LEAVE STATUS DURING THE PERIOD THAT THEY ACTED AS NEGOTIATORS WAS NOT VIOLATIVE OF SECTION 7116(A)(1) AND (2) OF THE STATUTE. WITH RESPECT TO THE ALLEGATION THAT RESPONDENT VIOLATED SECTION 7116(A)(1) REGARDING AN EMPLOYEE'S RIGHT TO ATTEND A NEGOTIATION SESSION, I FIND MERIT. WHILE A SUBSTANTIAL QUESTION EXISTED AS TO THE NUMBER OF NEGOTIATORS ON OFFICIAL TIME FOR THE NON-APPROPRIATED FUND AGREEMENT, THERE WAS ABSOLUTELY NO QUESTION CONCERNING APPROPRIATED FUND AGREEMENT NEGOTIATORS. RESPONDENT HAD SET THE NUMBER OF NEGOTIATORS FOR THIS TEAM AT THREE AND AT THIS POINT THE UNION HAD ONLY THREE NEGOTIATORS REMAINING. A REQUEST THAT THEY DESIGNATE FOR THE APPROPRIATED FUND AGREEMENT WHEN THEY HAD ONLY THAT NUMBER OF NEGOTIATORS IS LUDICROUS. FURTHERMORE, IT IS UNDISPUTED THAT HEWETT WAS ONE OF THE PRIME NEGOTIATORS FOR THE APPROPRIATED FUND AGREEMENT SERVING IN THE POSITION AS ALTERNATE CHIEF NEGOTIATOR. IN CREDITING THE TESTIMONY OF BOTH JONES AND HEWETT, I FIND THAT COLONEL LA FAVE WOULD NOT GRANT HEWETT PERMISSION TO ATTEND THE JUNE 28 NEGOTIATION SESSION FOR THE APPROPRIATED FUND AGREEMENT, BASED ON HIS MISUNDERSTANDING OF THE JUNE 6 MEMORANDUM FROM VAN VOHRIS. THE ACT OF DENYING HER PERMISSION TO ATTEND A NEGOTIATION SESSION UNLESS SHE CHOSE A LEAVE STATUS WHEN SHE WAS CLEARLY ENTITLED TO OFFICIAL TIME FOR THE NEGOTIATIONS, AND WHEN SHE WAS ONE OF THE PRIME UNION NEGOTIATORS, IS IN VIOLATION OF SECTION 7116(A)(1) OF THE STATUTE. ORDER PURSUANT TO 5 U.S.C. 7118(A)(7) AND SECTION 2423.26 OF THE FINAL RULES AND REGULATIONS 45 FED.REG. 3482, 3510(1980) IT IS HEREBY ORDERED THAT THE DEPARTMENT OF THE AIR FORCE SPACE DIVISION, LOS ANGELES, CALIFORNIA, SHALL: 1. CEASE AND DESIST FROM (A) DENYING PERMISSION TO UNION NEGOTIATORS TO ATTEND NEGOTIATION SESSIONS FOR THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO. (B) REQUIRING UNION NEGOTIATORS TO SELECT ANNUAL, LEAVE WITHOUT PAY OR ANNUAL LEAVE STATUS PRIOR TO ATTENDING BONA FIDE NEGOTIATING SESSIONS. (C) IN ANY LIKE OR RELATED MANNER INTERFERING, RESTRAINING OR COERCING ITS EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE 5 U.S.C. 7101, ET SEQ. 2. TAKE THE FOLLOWING AFFIRMATIVE ACTION IN ORDER TO EFFECTUATE THE PURPOSES AND POLICIES OF THE STATUTE: (A) POST AT ITS FACILITIES IN DEPARTMENT OF THE AIR FORCE SPACE DIVISION, LOS ANGELES, CALIFORNIA, COPIES OF THE ATTACHED NOTICE MARKED "APPENDIX" ON FORMS TO BE FURNISHED BY THE AUTHORITY. UPON RECEIPT OF SUCH FORMS, THEY SHALL BE SIGNED BY THE INSTALLATION COMMANDER, THE SPACE DIVISION, LOS ANGELES, CALIFORNIA, AND SHALL BE POSTED AND MAINTAINED BY HIM FOR 60 CONSECUTIVE DAYS THEREAFTER IN CONSPICUOUS PLACES, INCLUDING ALL BULLETIN BOARDS AND OTHER PLACES WHERE NOTICES TO EMPLOYEES ARE CUSTOMARILY POSTED. THE INSTALLATION COMMANDER SHALL TAKE REASONABLE STEPS TO INSURE THAT SAID NOTICES ARE NOT ALTERED, DEFACED, OR COVERED BY ANY OTHER MATERIAL. (B) PURSUANT TO SECTION 2423.30 OF THE FINAL RULES AND REGULATIONS, 45 FED.REG.AT 3511, NOTIFY THE REGIONAL DIRECTOR OF REGION VIII, WORLD TRADE CENTER, 350 S. FIGUEROA, 10TH FLOOR, LOS ANGELES, CALIFORNIA 90071, IN WRITING, WITHIN 30 DAYS FROM THE DATE OF THIS ORDER AS TO WHAT STEPS HAVE BEEN TAKEN TO COMPLY HEREWITH. ELI NASH, JR. ADMINISTRATIVE LAW JUDGE DATED: JULY 18, 1980 WASHINGTON, D.C. APPENDIX NOTICE TO ALL EMPLOYEES PURSUANT TO A DECISION AND ORDER OF THE FEDERAL LABOR RELATIONS AUTHORITY AND IN ORDER TO EFFECTUATE THE POLICIES OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE WE HEREBY NOTIFY OUR EMPLOYEES THAT: WE WILL NOT DENY REQUESTS FROM UNION NEGOTIATORS TO ATTEND NEGOTIATION SESSIONS FOR THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2429. WE WILL NOT PREVENT UNION NEGOTIATORS FROM ATTENDING DULY AUTHORIZED NEGOTIATION SESSIONS FOR THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2429, WITHOUT SIGNING FOR ANNUAL LEAVE, ABSENCE WITHOUT LEAVE OR LEAVE WITHOUT PAY. WE WILL NOT IN ANY LIKE OR RELATED MANNER INTERFERE WITH, RESTRAIN OR COERCE ANY EMPLOYEE IN THE EXERCISE BY THE EMPLOYEE OF ANY RIGHT UNDER THE STATUTE. (AGENCY OR ACTIVITY) DATED: BY: (SIGNATURE) 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 QUESTION CONCERNING THIS NOTICE, OR COMPLIANCE WITH ANY OF ITS PROVISIONS, THEY MAY COMMUNICATE DIRECTLY WITH THE REGIONAL DIRECTOR, FEDERAL LABOR RELATIONS AUTHORITY, REGION VIII, WHOSE ADDRESS IS: WORLD TRADE CENTER, 350 S. FIGUEROA, 10TH FLOOR, LOS ANGELES, CALIFORNIA 90071. --------------- FOOTNOTES: --------------- /1/ A CONSOLIDATED COMPLAINT ISSUED ON DECEMBER 19, 1979, WHICH CONSOLIDATED CASE NO. 8-CA-94 AND CASE NO. 8-CA-137. HOWEVER, AN ORDER SEVERING CASES, WITHDRAWING ORDER CONSOLIDATING CASES, AND WITHDRAWING CONSOLIDATED COMPLAINT IN SEVERED CASES WAS ISSUED ON JANUARY 14, 1980, SEVERING CASE NO. 8-CA-94 AND RESULTING IN THE AMENDED COMPLAINT HEREIN ISSUING ON JANUARY 15, 1980. /2/ SEC. 7131(A) READS IN PART: THE NUMBER OF EMPLOYEES FOR WHOM OFFICIAL TIME IS AUTHORIZED UNDER THIS SUBSECTION SHALL NOT EXCEED THE NUMBER OF INDIVIDUALS DESIGNATED AS REPRESENTING THE AGENCY FOR SUCH PURPOSES. /3/ A MARCH 14, 1979 MEMORANDUM FROM VAN VOHRIS TO JONES ESTABLISHES THAT MANAGEMENT DESIGNATED THREE AS THE NUMBER OF NEGOTIATORS FOR THE SAMSO OR APPROPRIATED FUND MANAGEMENT AGREEMENT. FURTHER, A MARCH 29, 1979 LETTER FROM JONES TO VAN VOHRIS ESTABLISHES THAT THE UNION UNDERSTOOD THAT IT COULD HAVE OFFICIAL TIME FOR THREE NEGOTIATORS ON THE SAMSO AGREEMENT. THERE WAS NO CORRESPONDENCE BETWEEN THE PARTIES INDICATING THE SIZE OF THE NON-APPROPRIATED FUND TEAM. /4/ NEITHER DO I FIND THAT THE UNION'S STATEMENT THAT IT AGREED TO THREE NEGOTIATORS ON MARCH 2, 1979 WAS AN AGREEMENT WITH MANAGEMENT. FROM THE RECORD IT APPEARS TO BE THE UNDERSIGNED THAT THIS WAS AN INTERNAL UNION AGREEMENT NOT PARTICIPATED IN BY RESPONDENT.