[ v07 p194 ]
07:0194(30)CA
The decision of the Authority follows:
7 FLRA No. 30
U.S. ARMY, U.S. ARMY
MATERIEL DEVELOPMENT
AND READINESS COMMAND,
WARREN, MICHIGAN
Respondent
and
LOCAL 1658, AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES, AFL-CIO
Charging Party
Case No. 5-CA-422
DECISION AND ORDER
THIS MATTER IS BEFORE THE AUTHORITY PURSUANT TO THE REGIONAL
DIRECTOR'S "ORDER TRANSFERRING CASE TO THE FEDERAL LABOR RELATIONS
AUTHORITY" IN ACCORDANCE WITH SECTION 2429.1(A) OF THE AUTHORITY'S RULES
AND REGULATIONS.
UPON CONSIDERATION OF THE ENTIRE RECORD IN THIS CASE, INCLUDING THE
PARTIES' STIPULATION OF FACTS, ACCOMPANYING EXHIBITS, AND BRIEFS
SUBMITTED BY THE RESPONDENT AND THE GENERAL COUNSEL, THE AUTHORITY
FINDS:
FOLLOWING THE EFFECTIVE DATE OF THE FEDERAL SERVICE LABOR-MANAGEMENT
RELATIONS STATUTE (THE STATUTE) IN JANUARY 1979, THE RESPONDENT
INITIATED A NEW PROCEDURE, IN VIEW OF SECTION 7115(A) OF THE STATUTE,
/1/ BY WHICH DUES DEDUCTION AUTHORIZATIONS COULD BE REVOKED. THIS
PROCEDURE PERMITS EMPLOYEES TO REVOKE PREVIOUSLY AUTHORIZED DUES
WITHHOLDINGS AT ANY TIME AFTER SEPTEMBER 1, 1979, OR 1 YEAR FROM THE
DATE OF THE INITIAL AUTHORIZATION, WHICHEVER IS LATER. THE GENERAL
COUNSEL CONTENDS THAT IN IMPLEMENTING THIS PROCEDURE, THE RESPONDENT HAS
FAILED TO MEET ITS OBLIGATIONS UNDER SECTION 7115(A) AND HAS MADE A
UNILATERAL CHANGE IN CONDITIONS OF EMPLOYMENT WITHOUT CONSULTING OR
NEGOTIATING WITH THE UNION, IN VIOLATION OF SECTION 7116(A)(8), (5) AND
(1), RESPECTIVELY, OF THE STATUTE.
THE STIPULATED FACTS ARE AS FOLLOWS: ON JANUARY 11, 1977, THE
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1658 (UNION), WAS
CERTIFIED AS THE EXCLUSIVE REPRESENTATIVE OF A CONSOLIDATED UNIT
CONSISTING OF ALL NONPROFESSIONAL EMPLOYEES LOCATED AT CERTAIN OF THE
RESPONDENT'S FACILITIES. ON SEPTEMBER 22, 1977, THE UNION AND THE
RESPONDENT ENTERED INTO A COLLECTIVE BARGAINING AGREEMENT WHICH
PROVIDED, INTER ALIA, FOR THE TERMINATION OF AUTHORIZED DUES ALLOTMENTS
AT STATED 6-MONTH INTERVALS UPON RECEIPT OF A WRITTEN REVOCATION. /2/
ON AUGUST 20, 1979, AFTER THE EFFECTIVE DATE OF THE STATUTE, BOTH THE
UNION AND THE RESPONDENT UNDERSTOOD THAT THE CONTRACTUAL PROVISION
REFERRING TO DUES ALLOTMENTS HAD BEEN SUPERSEDED BY SECTION 7115(A).
THIS UNDERSTANDING WAS ATTRIBUTABLE TO THE ISSUANCE BY THE AUTHORITY OF
A POLICY STATEMENT /3/ WHICH ADDRESSED THE IMPACT OF SECTION 7115(A) ON
DUES ASSIGNMENTS IN EXISTENCE AT THE TIME THE STATUTE BECAME EFFECTIVE.
IN PERTINENT PART, THE AUTHORITY STATED THAT WITH REGARD TO SUCH
ASSIGNMENTS THE 1-YEAR PERIOD REFERRED TO IN SECTION 7115(A) SHALL RUN
FROM EITHER THE "ENDING DATE OF THE PRECEDING SIX-MONTH INTERVAL DURING
WHICH THE EMPLOYEE COULD HAVE REVOKED HIS OR HER DUES AUTHORIZATION . .
. OR THE DATE ON WHICH THE EMPLOYEE AUTHORIZED DUES WITHHOLDING,"
WHICHEVER IS LATER. IN OCTOBER 1979, THE RESPONDENT ISSUED "DESK
PROCEDURE NO. 1" WHICH SET FORTH THE PROCEDURE AT ISSUE HEREIN FOR
TERMINATING DUES ALLOTMENTS. AT THE TIME THIS CASE WAS BROUGHT,
APPROXIMATELY 80 EMPLOYEES HAD REVOKED THEIR DUES ASSIGNMENTS.
FINDINGS AND CONCLUSIONS
THE RESPONDENT'S PROCEDURE FOR THE TERMINATION OF DUES ASSIGNMENTS
STEMS FROM ITS INTERPRETATION AND APPLICATION OF THE PORTION OF SECTION
7115(A) OF THE STATUTE WHICH STATES THAT "ANY SUCH ASSIGNMENT MAY NOT BE
REVOKED FOR A PERIOD OF 1 YEAR." THE RESPONDENT ASSERTS THAT THIS MEANS
A DUES ASSIGNMENT IS IRREVOCABLE FOR 1 YEAR BUT THEREAFTER MAY BE
REVOKED AT WILL AND THAT ITS "DESK PROCEDURE NO. 1," WHICH PERMITS DUES
REVOCATION AT ANY TIME AFTER SEPTEMBER 1, 1979, OR AT ANY TIME AFTER THE
ANNIVERSARY DATE ON WHICH THE EMPLOYEE AUTHORIZED DUES WITHHOLDING, THUS
CONFORMS TO THE PLAIN LANGUAGE OF THE STATUTE. THE POSITION OF THE
GENERAL COUNSEL, ON THE OTHER HAND, IS THAT DUES AUTHORIZATIONS ARE
REVOCABLE ONLY A 1-YEAR INTERVALS UNDER THE STATUTE, AND THAT BY
PERMITTING EMPLOYEES TO REVOKE THEIR DUES ASSIGNMENTS AT ANY TIME
FOLLOWING A 1-YEAR PERIOD, THE RESPONDENT HAS FAILED TO COMPLY WITH
SECTION 7115(A) AND HAS INSTITUTED UNILATERAL CHANGES IN CONDITIONS OF
EMPLOYMENT WITHOUT COMPLYING WITH ITS BARGAINING OBLIGATION.
AS THIS IS A CASE OF FIRST IMPRESSION UNDER THE STATUTE, IT IS
APPROPRIATE TO EXAMINE THE MEANING OF THE PHRASE "MAT NOT BE REVOKED FOR
A PERIOD OF 1 YEAR" IN THE CONTEXT OF RELEVANT LEGISLATIVE HISTORY AND
FEDERAL LABOR RELATIONS POLICY.
PRIOR TO ENACTMENT OF THE STATUTE, PROCEDURES FOR PAYROLL DEDUCTION
FOR DIRECT PAYMENT OF EMPLOYEES' UNION DUES WERE GOVERNED BY SECTION 21
OF EXECUTIVE ORDER 11491, AS AMENDED. SECTION 21 PROVIDED, IN RELEVANT
PART, THAT WHERE LABOR AND MANAGEMENT AGREED TO A PROCEDURE FOR DUES
ALLOTMENT, SUCH PROCEDURE WAS SUBJECT TO CIVIL SERVICE COMMISSION
REGULATIONS "WHICH SHALL INCLUDE PROVISION FOR THE EMPLOYEE TO REVOKE
HIS AUTHORIZATION AT STATED SIX-MONTH INTERVALS." ALTHOUGH VOLUNTARY AND
DEPENDENT UPON A WRITTEN AGREEMENT BETWEEN THE PARTIES, A DUES
WITHHOLDING PROVISION OPERATED AS A UNION SECURITY MEASURE DESIGNED TO
FOSTER STABILITY IN LABOR-MANAGEMENT RELATIONS. /4/
IN CONTRAST TO THE EXECUTIVE ORDER, SECTION 7115(A) OF THE STATUTE
DOES NOT MAKE DUES ASSIGNMENTS DEPENDENT UPON A WRITTEN AGREEMENT
BETWEEN THE PARTIES BUT RATHER PERMITS AN EMPLOYEE IN AN APPROPRIATE
UNIT TO AUTHORIZE DUES ALLOTMENTS IF HE SO DESIRES. THE LEGISLATIVE
HISTORY OF THE STATUTE REVEALS THAT THE LANGUAGE OF SECTION 7115(A) OF
THE STATUTE IS IDENTICAL TO THAT CONTAINED IN SECTION 7115(A) OF H.R.
11280 AS PASSED BY THE HOUSE. /5/ THE LANGUAGE OF THE HOUSE BILL, IN
TURN, WAS UNCHANGED FROM THAT REPORTED BY THE HOUSE COMMITTEE ON POST
OFFICE AND CIVIL SERVICE. /6/ THE HOUSE COMMITTEE REPORT STATED THAT
SECTION 7115 "REFLECTS A COMPROMISE BETWEEN TWO SHARPLY CONTRASTING
POSITIONS WHICH THE COMMITTEE CONSIDERED: NO GUARANTEE OF WITHHOLDING
FOR ANY UNIT EMPLOYEE MANDATORY PAYMENT BY ALL UNIT EMPLOYEES ('AGENCY
SHOP'). THE COMMITTEE BELIEVES SECTION 7115 TO BE A FAIR RESOLUTION FOR
AGENCIES, LABOR ORGANIZATIONS, AND EMPLOYEES." /7/ SPECIFICALLY WITH
RESPECT TO SECTION 7115(A), THE REPORT STATED: /8/
SUBSECTION (A) PROVIDES THAT IF AN EMPLOYEE IN AN EXCLUSIVELY
REPRESENTED UNIT PRESENTS TO
THE AGENCY A WRITTEN ASSIGNMENT AUTHORIZING THE AGENCY TO DEDUCT THE
LABOR ORGANIZATION'S DUES
FROM THE EMPLOYEE'S PAY EACH PAY PERIOD, THE AGENCY MUST HONOR THE
ASSIGNMENT AND MUST DEDUCT
THE DUES. THE DECISION TO PAY, OR NOT TO PAY IS SOLELY THE
EMPLOYEE'S. IF THE EMPLOYEE
DECIDES TO HAVE DUES WITHHELD, THE AGENCY MUST HONOR THAT DECISION.
THE ALLOTMENTS ARE TO BE
MADE AT NO COST TO THE EMPLOYEES OR TO THE LABOR ORGANIZATION.
ASSIGNMENTS NORMALLY ARE TO BE
IRREVOCABLE FOR ONE YEAR.
THE RELEVANT LANGUAGE OF THE BILL REPORTED BY THE SENATE COMMITTEE ON
GOVERNMENTAL AFFAIRS AND PASSED BY THE SENATE (SECTION 7231(A) OF S.
2640) PROVIDED THAT ASSIGNMENTS OF DUES ALLOTMENTS "SHALL BE REVOCABLE
AT STATED INTERVALS OF NOT MORE THAN 6 MONTHS." /9/ THE SENATE COMMITTEE
STATED THAT THIS PROVISION WAS SIMILAR TO THAT CONTAINED IN EXECUTIVE
ORDER 11491, AS AMENDED. /10/ THE SENATE PROVISION, UNLIKE THE HOUSE
PROVISION, MADE THE OBLIGATION OF AN AGENCY TO DEDUCT DUES FROM UNION
MEMBERS DEPENDENT UPON THE AGENCY'S AGREEMENT TO DO SO AS PART OF A
NEGOTIATED AGREEMENT. /11/ ALSO, WITH RESPECT TO THE COST OF MAKING
DUES ALLOTMENTS, THE SENATE BILL WAS SILENT WHEREAS THE HOUSE BILL
SPECIFIED THAT THE ALLOTMENT SHALL BE MADE AT NO COST TO THE EXCLUSIVELY
RECOGNIZED UNION OR THE EMPLOYEE. THE CONFERENCE COMMITTEE REJECTED THE
SENATE PROVISION AND INSTEAD ADOPTED THE HOUSE SECTION UNCHANGED. /12/
IN ITS REPORT, THE CONFERENCE COMMITTEE DID NOT ADDRESS THE REVOCABILITY
OF ASSIGNMENTS OF DUES ALLOTMENTS. /13/
IN THE AUTHORITY'S VIEW, THE LANGUAGE OF SECTION 7115(A) OF THE
STATUTE AND THE LEGISLATIVE HISTORY CITED ABOVE SUPPORT THE CONCLUSION
THAT SECTION 7115(A) IS INTENDED TO PROVIDE A MORE EFFECTIVE FORM OF
UNION SECURITY THAN PREVIOUSLY EXISTED, WITHOUT GOING SO FAR AS TO
AUTHORIZE AN "AGENCY SHOP." /14/ THIS CONCLUSION IS EVIDENCED BY THE
LEGISLATED CHANGE FROM A DUES WITHHOLDING PROVISION UNDER THE EXECUTIVE
ORDER WHICH WAS CONTINGENT UPON A NEGOTIATED WRITTEN AGREEMENT TO A
STATUTORILY MANDATED PROCEDURE FOR DUES ALLOTMENTS, AS WELL AS BY THE
FACT THAT UNDER THE STATUTE, UNLIKE UNDER THE ORDER, DUES ALLOTMENTS ARE
REQUIRED TO BE MADE AT NO COST TO THE UNION. /15/ IN THE AUTHORITY'S
VIEW, CONSISTENT WITH THIS CONCLUSION, CONGRESS INTENDED IN SECTION
7115(A) OF THE STATUTE TO MAINTAIN THE PROCEDURE FOR REVOCATION OF
ASSIGNMENTS SET FORTH IN THE EXECUTIVE ORDER (I.E., ONLY UPON STATED
INTERVALS OF TIME), AND TO EXPAND THAT INTERVAL UNDER THE STATUTE TO A
PERIOD OF ONE YEAR. THAT IS, THE LANGUAGE IN SECTION 7115(A) THAT "ANY
SUCH ASSIGNMENT MAY NOT BE REVOKED FOR A PERIOD OF 1 YEAR" MUST BE
INTERPRETED TO MEAN THAT AUTHORIZED DUES ALLOTMENTS MAY BE REVOKED ONLY
AT INTERVALS OF 1 YEAR. /16/ THE AUTHORITY'S CONCLUSION IN THIS REGARD
IS CONSISTENT WITH THE STATUTORY PURPOSE OF PROVIDING A GREATER MEASURE
OF UNION SECURITY, THEREBY FOSTERING STABILITY IN LABOR-MANAGEMENT
RELATIONS.
ACCORDINGLY, THE AUTHORITY FINDS THAT BY ESTABLISHING A PROCEDURE FOR
REVOCATION OF DUES WITHHOLDING AUTHORIZATIONS CONTRARY TO THE
REQUIREMENTS OF SECTION 7115(A), THE RESPONDENT HAS VIOLATED SECTION
7116(A)(8) AND (1) OF THE STATUTE. /17/
THE REMEDY /18/
WITH RESPECT TO THE REMEDY, THE AUTHORITY SHALL ORDER THAT THE
RESPONDENT RESCIND "DESK PROCEDURE NO. 1," REINSTATE TO DUES WITHHOLDING
STATUS THOSE INDIVIDUALS IN THE UNIT WHOSE DUES ASSIGNMENTS WERE
TERMINATED IMPROPERLY AND WHOSE ASSIGNMENTS HAVE NOT REACHED A DATE
APPROPRIATE FOR SUCH TERMINATION, AND REIMBURSE THE UNION /19/ IN AN
AMOUNT EQUAL TO THE AMOUNT OF DUES IT WOULD HAVE RECEIVED FROM THE
EMPLOYEES NAMED IN THE ATTACHED APPENDIX BUT DID NOT RECEIVE AS A RESULT
OF THE RESPONDENT'S IMPLEMENTATION OF A DUES REVOCATION PROCEDURE WHICH
IS INCONSISTENT WITH SECTION 7115(A) OF THE STATUTE.
ORDER
PURSUANT TO SECTION 2423.29 OF THE RULES AND REGULATIONS OF THE
FEDERAL LABOR RELATIONS AUTHORITY AND SECTION 7118 OF THE FEDERAL
SERVICE LABOR-MANAGEMENT RELATIONS STATUTE, IT IS HEREBY ORDERED THAT
THE U.S. ARMY, U.S. ARMY MATERIEL DEVELOPMENT AND READINESS COMMAND,
WARREN, MICHIGAN SHALL:
1. CEASE AND DESIST FROM:
(A) HONORING REVOCATIONS FROM BARGAINING UNIT EMPLOYEES OF
ASSIGNMENTS AUTHORIZING THE DEDUCTION FROM PAY OF THE AMOUNT OF REGULAR
AND PERIODIC UNION DUES WHICH ARE MADE AT OTHER THAN 1-YEAR INTERVALS.
/20/
(B) IN ANY LIKE OR RELATED MANNER, INTERFERING WITH, RESTRAINING, OR
COERCING ANY EMPLOYEE IN THE EXERCISE OF ANY RIGHT ASSURED BY THE
STATUTE.
2. TAKE THE FOLLOWING AFFIRMATIVE ACTION IN ORDER TO EFFECTUATE THE
PURPOSES AND POLICIES OF THE STATUTE:
(A) RESCIND "DESK PROCEDURE NO. 1" WHICH SETS FORTH AN IMPROPER
PROCEDURE FOR REVOCATION OF AUTHORIZED DUES ALLOTMENTS.
(B) REINSTATE TO DUES WITHHOLDING STATUS EVERY BARGAINING UNIT
EMPLOYEE WHOSE DUES ASSIGNMENT WAS TERMINATED IMPROPERLY BY REASON OF
"DESK PROCEDURE NO. 1" AND WHOSE ASSIGNMENT HAS NOT REACHED A DATE
APPROPRIATE FOR TERMINATION PURSUANT TO SECTION 7115(A) OF THE STATUTE.
(C) REIMBURSE THE EXCLUSIVE REPRESENTATIVE, LOCAL 1658, AMERICAN
FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, IN AN AMOUNT EQUAL TO THE
REGULAR AND PERIODIC DUES IT WOULD HAVE RECEIVED FROM THE PAY OF
BARGAINING UNIT EMPLOYEES BUT FOR RESPONDENT'S HAVING IMPLEMENTED AN
IMPROPER DUES REVOCATION PROCEDURE IN VIOLATION OF SECTION 7115(A) OF
THE STATUTE.
(D) POST AT ITS FACILITIES IN WARREN, MICHIGAN, 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
COMMANDING GENERAL AND SHALL BE POSTED AND MAINTAINED FOR 60 CONSECUTIVE
DAYS THEREAFTER, IN CONSPICUOUS PLACES, INCLUDING BULLETIN BOARDS AND
OTHER PLACES WHERE NOTICES TO EMPLOYEES ARE CUSTOMARILY POSTED.
REASONABLE STEPS SHALL BE TAKEN BY THE RESPONDENT TO INSURE THAT SUCH
NOTICES ARE NOT ALTERED, DEFACED, OR COVERED BY ANY OTHER MATERIAL.
(E) PURSUANT TO SECTION 2423.30 OF THE AUTHORITY'S RULES AND
REGULATIONS, NOTIFY THE REGIONAL DIRECTOR, REGION V, 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 THIS ORDER.
IT IS FURTHER ORDERED THAT THE PORTION OF THE COMPLAINT ALLEGING A
VIOLATION OF SECTION 7116(A)(5) OF THE STATUTE BE, AND IT HEREBY IS,
DISMISSED.
ISSUED, WASHINGTON, D.C., NOVEMBER 12, 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 HONOR REVOCATIONS FROM BARGAINING UNIT EMPLOYEES OF
ASSIGNMENTS AUTHORIZING THE DEDUCTION FROM PAY OF THE AMOUNT OF REGULAR
AND PERIODIC UNION DUES WHICH ARE MADE AT OTHER THAN 1-YEAR INTERVALS.
WE WILL NOT IN ANY LIKE OR RELATED MANNER INTERFERE WITH, RESTRAIN,
OR COERCE ANY EMPLOYEE IN THE EXERCISE OF ANY RIGHT ASSURED BY THE
STATUTE.
WE WILL RESCIND "DESK PROCEDURE NO. 1" WHICH SETS FORTH AN IMPROPER
PROCEDURE FOR REVOCATION OF AUTHORIZED DUES ALLOTMENTS.
WE WILL REINSTATE TO DUES WITHHOLDING STATUS EVERY BARGAINING UNIT
EMPLOYEE WHOSE DUES ASSIGNMENT WERE TERMINATED IMPROPERLY BY REASON OF
"DESK PROCEDURE NO. 1" AND WHOSE ASSIGNMENT HAS NOT REACHED A DATE
APPROPRIATE FOR TERMINATION PURSUANT TO SECTION 7115(A) OF THE STATUTE.
WE WILL REIMBURSE THE EXCLUSIVE REPRESENTATIVE, LOCAL 1658, AMERICAN
FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, IN AN AMOUNT EQUAL TO THE
REGULAR AND PERIODIC DUES IT WOULD HAVE RECEIVED FROM THE PAY OF
BARGAINING UNIT EMPLOYEES BUT FOR THE IMPLEMENTATION OF AN IMPROPER DUES
REVOCATION PROCEDURE IN VIOLATION OF SECTION 7115(A) OF 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 ANY EMPLOYEES HAVE ANY QUESTIONS CONCERNING THIS NOTICE OR
COMPLIANCE WITH ANY OF ITS PROVISIONS, THEY MAY COMMUNICATE DIRECTLY
WITH THE REGIONAL DIRECTOR, REGION V, FEDERAL LABOR RELATIONS AUTHORITY,
WHOSE ADDRESS IS: SUITE A-1359, 175 WEST JACKSON BOULEVARD, CHICAGO, IL
60604, AND WHOSE TELEPHONE NUMBER IS: (312) 886-3468.
--------------- FOOTNOTES: ---------------
/1/ SECTION 7115(A) PROVIDES:
SEC. 7115. ALLOTMENTS TO REPRESENTATIVES
(A) IF AN AGENCY HAS RECEIVED FROM AN EMPLOYEE IN AN APPROPRIATE UNIT
A WRITTEN ASSIGNMENT
WHICH AUTHORIZES THE AGENCY TO DEDUCT FROM THE PAY OF THE EMPLOYEE
AMOUNTS FOR THE PAYMENT OF
REGULAR AND PERIODIC DUES OF THE EXCLUSIVE REPRESENTATIVE OF THE
UNIT, THE AGENCY SHALL HONOR
THE ASSIGNMENT AND MAKE AN APPROPRIATE ALLOTMENT PURSUANT TO THE
ASSIGNMENT. . . . (A)NY SUCH
ASSIGNMENT MAY NOT BE REVOKED FOR A PERIOD OF 1 YEAR.
/2/ ARTICLE IX, SECTION F OF THE NEGOTIATED AGREEMENT PROVIDED:
SECTION F. ALLOTMENTS WILL BE TERMINATED IN ACCORDANCE WITH THE
FOLLOWING CONDITIONS:
. . . .
(4) UPON RECEIPT OF WRITTEN REVOCATION IN THE PAYROLL OFFICE EITHER
BY 1 MARCH OR 1
SEPTEMBER OF ANY CALENDAR YEAR. THE ALLOTMENT WILL BE DISCONTINUED
AT THE BEGINNING OF THE
FIRST FULL PAY PERIOD AFTER 1 MARCH OR 1 SEPTEMBER, AS APPROPRIATE.
/3/ INTERPRETATION AND GUIDANCE, 1 FLRA 183(1979).
/4/ SEE LABOR-MANAGEMENT RELATIONS IN THE FEDERAL SERVICE (1975), AT
75.
/5/ LEGISLATIVE HISTORY OF THE FEDERAL SERVICE LABOR-MANAGEMENT
RELATIONS STATUTE, TITLE VII OF THE CIVIL SERVICE REFORM ACT OF 1978,
96TH CONGRESS, 1ST SESSION, COMMITTEE PRINT NO. 96-7 (NOVEMBER 19,
1979), AT 974.
/6/ ID. AT 404.
/7/ ID. AT 694.
/8/ ID. AS STATED IN THE HOUSE COMMITTEE REPORT, THE EXCEPTIONS TO
THE REQUIREMENT THAT ASSIGNMENTS "NORMALLY ARE TO BE IRREVOCABLE FOR ONE
YEAR" ARE SET FORTH IN SECTION 7115(B). ID. AT 695. THESE EXCEPTIONS
ARE NOT HERE IN ISSUE.
/9/ ID. AT 539 (REPORTED BY SENATE COMMITTEE) AND 599-600 (PASSED BY
SENATE).
/10/ ID. AT 772.
/11/ ID. AT 823.
/12/ ID.
/13/ IN THIS REGARD, STATEMENTS MADE DURING THE CONGRESSIONAL DEBATE
LEADING TO ENACTMENT OF THE STATUTE WHICH DID ADVERT TO THE REVOCABILITY
LANGUAGE DO NOT SHED LIGHT ON ITS INTENDED MEANING, AS RELEVANT TO THE
ISSUE HEREIN. SEE, E.G., STATEMENTS OF CONGRESSMAN ERLENBORN, ID. AT
879-880, AND CONGRESSMAN COLLINS, ID. AT 907.
/14/ THE AUTHORITY HAS PREVIOUSLY HELD THAT "AGENCY SHOP"
ARRANGEMENTS ARE PROHIBITED UNDER THE STATUTE. SERVICE EMPLOYEES
INTERNATIONAL UNION, AFL-CIO, LOCAL 556 AND DEPARTMENT OF THE ARMY,
HEADQUARTERS, U.S. ARMY SUPPORT COMMAND, FORT SHAFTER, HAWAII, 1 FLRA
562(1979).
/15/ UNDER THE ORDER, AN AGENCY COULD CHARGE A UNION A SERVICE FEE
FOR MAKING PAYROLL DUES DEDUCTIONS FOR THE UNION'S MEMBERS. THE AMOUNT
OF THE FEE WAS SUBJECT TO NEGOTIATION BETWEEN THE AGENCY AND THE UNION.
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1749 AND LAUGHLIN AIR
FORCE BASE, TEXAS, 6 FLRC 525, 535-37(1978).
/16/ CONSISTENT WITH THIS CONCLUSION IS THE FOLLOWING STATEMENT
GIVING GUIDANCE TO FEDERAL AGENCIES BY THE CIVIL SERVICE COMMISSION, THE
PREDECESSOR TO THE OFFICE OF PERSONNEL MANAGEMENT:
THE ONE-YEAR PERIOD IS A CHANGE FROM EXECUTIVE ORDER 11491 AND
IMPLEMENTING REGULATIONS,
WHICH TIE DUES WITHHOLDING TO NEGOTIATED
AGREEMENTS AND WHICH ALLOW REVOCATION OF EXISTING ASSIGNMENTS AT
STATED SIX-MONTH
INTERVALS. ACCORDINGLY, PARTIES MAY WISH TO NEGOTIATE THE
ANNIVERSARY DATE FOR THE ONE-YEAR
PERIOD. ON OR BEFORE JANUARY 11, 1979 (THE EFFECTIVE DATE OF THE
STATUTE), AGENCIES SHOULD
INFORM EMPLOYEES AFFECTED OF THE ELIMINATION OF THE SEMI-ANNUAL
REVOCATION PERIODS. THE
INFORMATION SHOULD EXPLAIN THAT AFTER THE NEXT AVAILABLE SIX-MONTH
REVOCATION DATE ESTABLISHED
BY THE APPLICABLE COLLECTIVE BARGAINING AGREEMENT, ANY FUTURE
REVOCATION CAN ONLY BE AT
ONE-YEAR INTERVALS FROM THAT DATE . . . . CSC BULLETIN 711-48,
SPECIAL BULLETIN #10, AT 4
(DEC. 28, 1978) (ENTITLED "GUIDANCE TO AGENCIES ON ACTIONS TO BE
TAKEN ON OR BEFORE JANUARY
11,1979, REGARDING LABOR RELATIONS PROVISIONS IN THE CIVIL SERVICE
REFORM ACT").
/17/ HOWEVER, THE ALLEGATION THAT THE RESPONDENT VIOLATED SECTION
7116(A)(5) OF THE STATUTE BY CHANGING CONDITIONS OF EMPLOYMENT WITHOUT
CONSULTING OR NEGOTIATING WITH THE UNION MUST BE DISMISSED. IN
IMPLEMENTING "DESK PROCEDURE NO. 1," THE RESPONDENT ATTEMPTED TO COMPLY
WITH A STATUTORY PROVISION REQUIRING IT AS A MATTER OF LAW TO CHANGE THE
EXISTING POLICY REGARDING REVOCATION OF DUES ASSIGNMENTS. THUS,
ALTHOUGH RESPONDENT'S ATTEMPT TO COMPLY WITH THAT PROVISION WAS
DEFICIENT, ITS ACTION IN THIS REGARD CARRIED WITH IT NO OBLIGATION,
PURSUANT TO SECTION 7116(A)(5), TO BARGAIN OVER THE CHANGE.
/18/ THE STIPULATED RECORD SHOWS THAT EACH OF THE 80 EMPLOYEES WHO
ASKED TO REVOKE A DUES ASSIGNMENT PREVIOUSLY HAD AUTHORIZED DUES
WITHHOLDING. IN ITS BRIEF, HOWEVER, RESPONDENT CONTENDS THAT 15 OF THE
80 ARE NOT IN THE BARGAINING UNIT. CONSEQUENTLY, SINCE BY ITS EXPRESS
LANGUAGE SECTION 7115(A) APPLIES ONLY TO WRITTEN ASSIGNMENTS "FROM AN
EMPLOYEE IN AN APPROPRIATE UNIT," THE RESPONDENT ASSERTS THAT WITH
RESPECT TO THE 15 EMPLOYEES IT COULD NOT HAVE FAILED OR REFUSED TO ALLOT
DUES TO THE UNION AS REQUIRED BY SECTION 7115(A). THERE IS NOTHING IN
THE STIPULATION OF FACTS OR ATTACHED EXHIBITS REGARDING THE STATUS OF
THE 15 EMPLOYEES OTHER THAN THEIR INCLUSION ON A LIST OF EMPLOYEES WHOSE
ALLOTMENTS WERE TERMINATED. THE STATUS OF THESE EMPLOYEES HAS NO EFFECT
ON A DETERMINATION OF WHETHER OR NOT THE RESPONDENT COMMITTED AN UNFAIR
LABOR PRACTICE IN INSTITUTING ITS NEW PROCEDURE FOR THE TERMINATION OF
DUES ASSIGNMENTS. HOWEVER, THE REMEDY WILL APPLY ONLY TO THOSE
EMPLOYEES WHOSE NAMES APPEAR ON THE LIST AND WHO ARE IN THE BARGAINING
UNIT.
/19/ SEE DEFENSE LOGISTICS AGENCY, 5 FLRA NO. 21(1981).
/20/ IN THIS REGARD, THE REQUISITE 1-YEAR INTERVALS SHALL BE
CALCULATED FROM SEPTEMBER 1, 1978 OR THE DATE ON WHICH THE EMPLOYEE
AUTHORIZED DUES WITHHOLDING, WHICHEVER IS LATER. SEE INTERPRETATION AND
GUIDANCE, SUPRA N. 3, AT 189.