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21:0335(44)CA - Soldiers' and Airmen's Home, Washington, D. and AFGE, Local 3090 -- 1986 FLRAdec CA



[ v21 p335 ]
21:0335(44)CA
The decision of the Authority follows:


 21 FLRA No. 44
 
 U.S. SOLIDERS' AND AIRMEN'S HOME 
 WASHINGTON, D.C.
 Respondent
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT 
 EMPLOYEES, LOCAL 3090, AFL-CIO
 Charging Party
 
                                            Case No. 3-CA-20561
                                             (15 FLRA No. 26)
 
                      SUPPLEMENTAL DECISION AND ORDER
 
    On June 26, 1984, the Authority issued its Decision and Order in the
 above-entitled proceeding in which it found that the Respondent had not
 failed and refused to comply with the provisions of section 7122(b) of
 the Federal Service Labor-Management Relations Statute /1/ and therefore
 had not violated section 7116(a)(1) and (8) of the Statute.  /2/ U.S.
 Soldiers' and Airmen's Home, Washington, D.C., 15 FLRA No. 26 (1984).
 
    Thereafter, on November 22, 1985, the U.S. Court of Appeals for the
 District of Columbia Circuit set aside the Authority's Decision and held
 that the Respondent was required to comply with the terms of an
 arbitrator's award, notwithstanding that timely exceptions had been
 filed with the Authority pursuant to section 7122(b) of the Statute,
 because the Respondent had failed to request a stay of the arbitrator's
 award as required by section 2429.8 of the Authority's Rules and
 Regulations (codified in 5 C.F.R. Section 2429.8).  American Federation
 of Government Employees, AFL-CIO, Local 3090 v. FLRA, 777 F.2d 751 (D.C.
 Cir. 1985).
 
    The Authority accepts the court's opinion as the law of the case and,
 consistent with that opinion, shall issue the following remedial order:
 
                                   ORDER
 
    Pursuant to section 2423.29 of the Federal Labor Relations
 Authority's Rules and Regulations and section 7118 of the Statute, it is
 hereby ordered that the U.S. Soldiers' and Airmen's Home, Washington,
 D.C. shall:
 
    1.  Cease and desist from:
 
    (a) Failing to comply with the provisions of section 7122(b) of the
 Federal Service Labor-Management Relations Statute by refusing to
 implement an arbitrator's award notwithstanding that no request for a
 stay of the arbitration award had been filed pursuant to section 2429.8
 of the Authority's Rules and Regulations.
 
    (b) In any like or related manner interfering with, restraining or
 coercing its employees in the exercise of their 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) Comply fully with the award of Arbitrator Nicholas H. Zumas dated
 March 22, 1982, to the extent that such compliance has not been
 previously effectuated.
 
    (b) Post at its facility where employees in the bargaining unit are
 located 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 an appropriate official of the Respondent, and shall
 be posted and maintained for 60 consecutive days thereafter, in
 conspicuous places where notices to employees are customarily posted.
 Reasonable steps shall be taken to ensure that such Notices are not
 altered, defaced or covered by any other material.
 
    (c) Pursuant to section 2423.30 of the Authority's Rules and
 Regulations, notify the Regional Director, Region III, Federal Labor
 Relations Authority, in writing, within 30 days from the date of this
 Order, as to what steps have been taken to comply herewith.
 
    Issued, Washington, D.C. April 17, 1986.
 
                                       /s/ Jerry L. Calhoun, Chairman
                                       /s/ Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
                 -----------  FOOTNOTES$ ----------
 
    (1) Section 7122(b) provides:
 
          Section 7122.  Exceptions to arbitral awards
 
                       .   .   .   .   .   .   .
 
 
          (b) If no exception to an arbitrator's award is filed under
       subsection (a) of this section during the 30-day period beginning
       on the date the award is served on the party, the award shall be
       final and binding.  An agency shall take the actions required by
       an arbitrator's final award.  The award may include the payment of
       backpay (as provided in section 5596 of this title).
 
    (2) Section 7116(a)(1) and (8) provides:
 
          Section 7116.  Unfair labor practices
 
          (a) For the purpose of this chapter, it shall be an unfair
       labor practice for an agency --
 
          (1) to interfere with, restrain, or coerce any employee in the
       exercise by the employee of any right under this chapter;
 
                       .   .   .   .   .   .   .
 
 
          (8) to otherwise fail or refuse to comply with any provision of
       this chapter(.)
 
 
 
 
                                 APPENDIX
 
                          NOTICE TO ALL EMPLOYEES
 
  PURSUANT TO A SUPPLEMENTAL 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 fail to comply with the provisions of section 7122(b) of
 the Federal Service Labor-Management Relations Statute by refusing to
 implement an arbitrator's award notwithstanding that no request for a
 stay of the arbitrator's award had been filed pursuant to section 2429.8
 of the Authority's Rules and Regulations.
 
    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 comply fully with the award of Arbitrator Nicholas H. Zumas
 dated March 22, 1982, to the extent that such compliance has not been
 previously effectuated.
                                       (Activity)
 
    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 its provisions, they may communicate directly with the Regional
 Director, Region III, Federal Labor Relations Authority, whose address
 is:  1111 18th Street, N.W., Room 700, Washington, D.C. 20033-0758, and
 whose telephone number is:  (202) 653-8500.