File 2: Opinion of Mmeber Pope

[ v60 p952 ]


Opinion of Member Carol Waller Pope, dissenting in part:

      I agree with the majority that the Charging Party's cross-exceptions should be dismissed, that the Authority should not accept the Respondent's reply brief, and that it is unnecessary to resolve the Respondent's exception regarding the SIG-Sauer Firearm. I also agree that, while the Judge erred in declining to consider the Respondent's claim that the charge was not timely, the charge was in fact timely. In disagreement with the majority, I would find that the Judge correctly held that the Respondent violated the Statute by failing to provide the Charging Party notice of, and refusing to bargain over, the reduction in remedial training hours and by repudiating a memorandum of understanding (MOU) requiring bargaining. To remedy the Respondent's violations, I would order status quo ante relief. Accordingly, I dissent in part.

      As an initial matter, I would reject the Respondent's claim that there was no change in the number of remedial training hours. The Judge found -- based on undisputed testimony by the Union President -- that the parties agreed to increase the hours of remedial training from 8 to 80 hours and that, therefore, the requirement for 80 hours' training was not a typographical error. The Respondent has not demonstrated that this finding was in error.

      I also would find, contrary to the majority, that the Judge correctly found that the change was not