[ v10 p583 ]
10:0583(101)CA
The decision of the Authority follows:
10 FLRA No. 101
NATIONAL GUARD BUREAU
MAINE AIR NATIONAL GUARD
(AUGUSTA, MAINE)
Respondent
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 3013, AFL-CIO
Charging Party
Case No. 1-CA-838
DECISION AND ORDER
The Administrative Law Judge issued his Decision in the
above-entitled proceeding finding that the Respondent had engaged in
certain unfair labor practices and recommending that it be ordered to
cease and desist therefrom and take certain affirmative action.
Exceptions to the Judge's Decision were filed by the Respondent.
Pursuant to section 2423.29 of the Authority's Rules and Regulations
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 Decision and the entire record, the Authority hereby adopts the
Judge's findings, conclusions and recommendations. /1A/
ORDER
Pursuant to section 2423.29 of the Federal Labor Relations
Ajthority's Rules and Regulations and section 7118 of the Statute, it is
hereby ordered that the National Guard Bureau, Maine Air National Guard
shall:
1. Cease and desist from:
(a) Failing or refusing to cooperate in and comply with the Federal
Service Impasses Panel's Decision and Order rendered in Maine Air
National Guard, Bangor, Maine and Local 3013, American Federation of
Government Employees, AFL-CIO, Case No. 80 FSIP 52(a) (1981).
(b) In any like or related manner interfering with, restraining, or
coercing 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 carry out the
purposes and policies of the Federal Service Labor-Management Relations
Statute:
(a) Adopt the following language in its collective bargaining
agreement with Local 3013, American Federation of Government Employees,
AFL-CIO:
Employees, while performing their day-to-day technician duties,
shall have the option (a day-to-day option) of wearing either (a)
the military uniform or (b) an agreed-upon standard civilian
attire without display of military rank, such clothing to be
procured by employees who choose to wear it. The agreed-upon
standard civilian attire is listed as described in Section 5 of
this article. Civilian attire not specified in Section 5 will not
be worn during duty periods. The following situations are
inappropriate for wearing of the standard civilian attire:
a. During any scheduled higher headquarters inspection or
officially sanctioned visit with 5 calendar days prior notice,
except for no-notice ORI/MEI's when all employees will be in
military uniform the next duty day.
b. Travel on a military aircraft.
c. During any drill, ceremonies, parades, or military
funerals, and when representing the ANG at any public function.
d. At any meeting with the Adjutant General during normal duty
hours when requested by the technician.
e. When performing recruiter assistance.
f. When attending a military service school, or course where
wearing of the military uniform is required by higher authority.
. . . .
Standard civilian attire for members of the bargaining unit
shall be as follows: For blue collar workers standard work
uniform items described in this section are found in the Dickies
Work Uniform Catalog and for white collar workers, items of
clothing, quality and colors are as described in J. C. Penney Fall
and Winter 1980 catalog unless otherwise indicated. All items
shall be the product as described or an approved equal in color
and quality. Accessories are found in the 1980 Fall and Winter J.
C. Penney catalog. If the suppliers or manufacturers change or
discontinue the color or quality or if the agreed-upon articles
become otherwise unavailable to employees, then the proposed
replacement articles will be approved by negotiation prior to wear
by the employees. Substitute items of equal quality, color and
design from other sources may be approved by management.
a. The Parties agree that only the articles and the
combinations listed in this section shall be worn when the
employees elect to wear the standard civilian attire.
b. When special protective clothing or equipment is essential
for safety or health reasons, such as safety hats, safety shoes,
electricians gloves, safety glasses, etc., the employer will
provide these items and the employee may wear the special
protective clothing or equipment with the agreed-upon civilian
attire while performing operations which are inherently hazardous.
In addition, rain gear, overshoes and cold weather gear will be
provided for all employees during inclement weather. The
requirement for special protective clothing must be validated by
the Wing Safety Officer and in the case of rain gear and overshoes
be in accordance with T/A 016.
c. The standard civilian attire will conform to the same
standards of safety, neatness and cleanliness as required for the
USAF uniform.
d. Combinations.
(1) Work shirt, and/or "T" shirt, work pants, belt, oxford or
work shoes or safety shoes when required. Work shirt may be
removed and the T shirt worn as an outer garment when conditions
permit. Work shirt will be buttoned except for collar button.
(2) Coveralls, oxford or work shoes or safety shoes when
required.
(3) Dress shirt, dress slacks/skirt, oxford or work shoes.
Blazer is optional. Necktie will be worn if vest is worn. Shirt
front will be buttoned except for collar button which may be open
without tie.
(4) The Eisenhower or hip style jacket, parka style coat,
insulated vest, or sweater may be worn with any combination. The
insulated vest may be worn with any blue collar option except when
T shirt is worn as outer garment.
(5) The headgear, handcoverings and shop coat are optional with
any combination.
e. The tan, brown and white colors referred to in this article
will conform to the color swatches in the "J. C. PENNEY FALL &
WINTER 1980" catalog and that of "DICKIE'S" work uniform catalog,
colors "A" and "V".
(b) Post at its facilities wherever unit employees are located,
copies of the attached Notice on forms to be furnished by the Authority.
Upon receipt of such forms, they shall be signed by the Adjutant
General of the Maine Air National Guard, or his designee, and shall be
posted for 60 consecutive days in conspicuous places, including all
bulletin boards and other places where notices to employees are
customarily posted. The Adjutant General shall take reasonable steps to
insure 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 I, 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., December 3, 1982
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 fail or refuse to cooperate in and comply with the
Federal Service Impasses Panel's Decision and Order rendered in Maine
Air National Guard, Bangor, Maine and Local 3013, American Federation of
Government Employees, AFL-CIO, Case No. 80 FSIP 52(a) (1981).
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 adopt the following language in our collective bargaining
agreement with Local 3013, American Federation of Government Employees,
AFL-CIO:
Employees, while performing their day-to-day technician duties,
shall have the option (a day-to-day option) of wearing either (a)
the military uniform or (b) an agreed-upon standard civilian
attire without display of military rank, such clothing to be
procured by employees who choose to wear it. The agreed-upon
standard civilian attire is listed as described in Section 5 of
this article. Civilian attire not specified in Section 5 will not
be worn during duty periods. The following situations are
inappropriate for wearing of the standard civilian attire:
a. During any scheduled higher headquarters inspection or
officially sanctioned visit with 5 calendar days prior notice,
except for no-notice ORI/MEI's when all employees will be in
military uniform the next duty day.
b. Travel on a military aircraft.
c. During any drill, ceremonies, parades, or military
funerals, and when representing the ANG at any public function.
d. At any meeting with the Adjutant General during normal duty
hours when requested by the technician.
e. When performing recruiter assistance.
f. When attending a military service school, or course where
wearing of the military uniform is required by higher authority.
. . . .
Standard civilian attire for members of the bargaining unit
shall be as follows: For blue collar workers standard work
uniform items described in this section are found in the Dickies
Work Uniform Catalog and for white collar workers, items of
clothing, quality and colors are as described in J. C. Penney Fall
and Winter 1980 catalog unless otherwise indicated. All items
shall be the product as described or an approved equal in color
and quality. Accessories are found in the 1980 Fall and Winter J.
C. Penney catalog. If the suppliers or manufacturers change or
discontinue the color or quality or if the agreed-upon articles
become otherwise unavailable to employees, then the proposed
replacement articles will be approved by negotiation prior to wear
by the employees. Substitute items of equal quality, color and
design from other sources may be approved by management.
a. The Parties agree that only the articles and the
combinations listed in this section shall be worn when the
employees elect to wear the standard civilian attire.
b. When special protective clothing or equipment is essential
for safety or health reasons, such as safety hats, safety shoes,
electricians gloves, safety glasses, etc., the employer will
provide these items and the employee may wear the special
protective clothing or equipment with the agreed-upon civilian
attire while performing operations which are inherently hazardous.
In addition, rain gear, overshoes and cold weather gear will be
provided for all employees during inclement weather. The
requirement for special protective clothing must be validated by
the Wing Safety Officer and in the case of rain gear and overshoes
be in accordance with T/A 016.
c. The standard civilian attire will conform to the same
standards of safety, neatness and cleanliness as required for the
USAF uniform.
d. Combinations.
(1) Work shirt, and/or "T" shirt, work pants, belt, oxford or
work shoes or safety shoes when required. Work shirt may be
removed and the T shirt worn as an outer garment when conditions
permit. Work shirt will be buttoned except for collar button.
(2) Coveralls, oxford or work shoes or safety shoes when
required.
(3) Dress shirt, dress slacks/skirt, oxford or work shoes.
Blazer is optional. Necktie will be worn if vest is worn. Shirt
front will be buttoned except for collar button which may be open
without tie.
(4) The Eisenhower or hip style jacket, parka style coat,
insulated vest, or sweater may be worn with any combination. The
insulated vest may be worm with any blue collar option except when
T shirt is worn as outer garment.
(5) The headgear, handcoverings and shop coat are optional with
any combination.
e. The tan, brown and white colors referred to in this article
will conform to the color swatches in the "J. C. PENNEY FALL &
WINTER 1980" catalog and that of "DICKIE'S" work uniform catalog,
colors "A" and "V".
(Agency or 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 I, Federal Labor Relations Authority, whose address is:
441 Stuart Street, 9th Floor, Boston, MA 02116 and whose telephone
number is: (617) 223-0920.
-------------------- ALJ$ DECISION FOLLOWS --------------------
Richard D. Zaiger, Esq.
Marilyn Z. Roth, Esq.
For General Counsel of FLRA
John J. Sapp
For Respondent
Before: SAMUEL A. CHAITOVITZ
Administrative Law Judge
DECISION
Statement of the Case
This is a proceeding arising under the Federal Service
Labor-Management Relations Statute (hereinafter called the Statute), 92
Stat. 1191, 5 U.S.C. 7101 et seq. Upon a charge filed by American
Federation of Government Employees, Local 3013, AFL-CIO, (hereinafter
called the Union and/or AFGE), on July 9, 1981 and amended on August 24,
1981, against National Guard Bureau, Maine Air National Guard (Augusta
Maine), (hereinafter called the Guard and/or Respondent), the General
Counsel of the Federal Labor Relations Authority, by the Director for
Region I, issued a Complaint and Notice of Hearing on August 25, 1981.
The Complaint alleges that Respondent violated Sections 7116(a)(1)(5)
and (6) of the Statute by refusing to implement and abide by a Decision
and Order of the Federal Services Impasses Panel (FSIP). On September
17, 1981 Respondent filed an Answer to the Complaint wherein it admitted
in part and denied in part the allegations of the Complaint and set
forth various affirmative defenses.
On October 20, 1981 counsel for the General Counsel of the FLRA filed
a Motion for Summary Judgment and on November 3, 1981 Respondent filed a
Response to Motion for Summary Judgment.
By Order dated October 21, 1981 the hearing in this case was
postponed indefinitely in order to provide an opportunity for a response
to the Motion for a Summary Judgment and to give the undersigned an
opportunity to consider the Motion.
It has long been established that the purpose of summary judgment is
to avoid useless, expensive, and time-consuming trials where there are
no genuine issues of material fact to be tried. /1/ Federal Labor
Relations Authority regulations, 5 C.F.R. 2423.19(k) (1980),
specifically authorize the use of motions for summary judgment in the
litigation of unfair labor practice charges under the Federal
Labor-Management Relations Statute. Such practice is consistent with
the Administrative Procedure Act /2/ and well-established principles of
due process and administrative law. /3/
Upon examination of the General Counsel's Motion for Summary Judgment
and the Respondent's response, it appeared that there are no genuine
issues of material fact /4/ and that only legal issues are involved. In
such circumstances, the required hearing under the Statute may consist
wholly of an opportunity to present written argument. /5/
Accordingly, pursuant to an Order issued by the undersigned on
November 19, 1981, all parties were given until December 14, 1981 to
submit briefs and make written arguments with respects to the merits and
legal issues raised in the subject case.
Counsel for Respondent and for the General Counsel timely filed
briefs setting forth their respective positions. General Counsel's
Motion for Summary Judgment is hereby granted in accordance with the
following:
Findings of Fact
From September 13, 1973 until July 11, 1980, the Guard and the Union
were parties to a collective bargaining agreement covering technicians
employed by the Maine Air National Guard as certified by the Federal
Labor Relations Council on August 26, 1969, pursuant to Executive Order
11491, as amended.
Since the expiration of the collective bargaining agreement in 1980,
the parties attempted to negotiate a new agreement. The parties were
unable to reach agreement with respect to two articles. The Union
requested assistance from FSIP to resolve negotiation impasses regarding
the wearing of military uniforms and promotion and internal placement by
employee technicians of the Maine Air National Guard, members of the
certified bargaining unit. The FSIP issued a Decision and Order on
October 8, 1980 80 FSIP 52 requiring the parties to adopt the Union's
proposals for the wearing of military uniforms and promotion and
internal placement.
Between October 1980 and January 1981 the parties met and settled the
promotion and internal placement issue but did not reach agreement on
the military uniform issue. On January 29, 1981, AFGE requested
assistance from the FSIP. Respondent on the other hand, requested
clarification of FSIP's authority to issue an order on wear of the
military uniform on February 3, 1981. The FSIP acknowledged receipt of
request for assistance on February 3, 1981 and directed exchanges of
proposals on February 23, 1981. On March 12, 1981, the Guard, via
telegram to the FSIP, reiterated its February 3, 1981 request. The FSIP
replied on March 16, 1981 indicating that the request for assistance
before it would answer Respondent's telegram. In the interim the Guard
requested an extension to the exchange of proposals directed in the
February 23, 1981 FSIP letter. The request for extension was approved
by the FSIP on March 19, 1981 and the Guard and the Union exchanged
proposals in late March and early April 1981. The Guard submitted a
rebuttal proposal on April 10, 1981. The FSIP issued a Decision and
Order on May 26, 1981. Maine Air National Guard and Local 3013,
American Federation of Government Employees, 80 FSIP 52(a). /6/
The Union on June 4, 1981 requested the parties to meet in order to
implement the FSIP's Decision and Order. The Guard on June 26, 1981
requested a review by FSIP of its Decision and Order. FSIP denied this
request for review on August 3, 1981 and on August 9, 1981 the Union
filed unfair labor practice charges against the Guard. To date
Respondent has not complied with FSIP's Decision and Order in 80 FSIP
52(a).
Discussion and Conclusions
The Guard's refusal to comply with FSIP's Decision and Order (80 FSIP
No. 52(a)) constituted a violation of Sections 7116(a)(6) and (1) of the
Statute. State of Nevada National Guard, 7 FLRA No. 37 (1981).
Respondent's defenses that it did not violate the Statute because the
FLRA has no jurisdiction over National Guard Technicians because they
were excluded from coverage of the Statute; the FLRA and FSIP have no
jurisdiction over a State militia and a State officer; the subject of
uniforms is not bargainable because it is controlled by the military
establishment; FSIP's Order violated the U.S. Constitution and laws
regulating the National Guard; FSIP's Order violates the Statute
because it requires the Guard to make a concession and constitutes
compulsory arbitration; and non compliance with the FSIP Order was the
Guard's only means of obtaining review of the FSIP Order, all are
rejected as being without merit. State of Nevada National Guard, supra.
Having found and concluded that by its failure and refusal to comply
with a final Decision and Order of the Federal Service Impasses Panel
Respondent violated Sections 7116(a)(6) and (1) /7/ of the Statute, I
recommend that the Authority issue the following:
ORDER
Pursuant to section 2423.29 of the Federal Labor Relations
Authority's Rules and Regulations and section 7118 of the Statute, the
Authority hereby orders that the National Guard Bureau, Maine Air
National Guard shall:
1. Cease and desist from:
(a) Failing or refusing to cooperate in and comply with the
Federal Service Impasses Panel's Decision and Order rendered in
Maine Air National Guard, Bangor, Maine and Local 3013, American
Federal of Government Employees, AFL-CIO, Case No. 80 FSIP 52(a).
(b) In any like or related manner interfering with, restraining
or coercing employees in the exercise of their rights assured by
the Federal Service Labor-Management Relations Statute.
2. Take the following affirmative actions in order to effectuate the
purposes and policies of the Statute:
(a) Adopt the following language in its collective bargaining
agreement with the Local 3013, American Federation of Government
Employees, AFL-CIO:
Employees, while performing their day-to-day technician duties,
shall have the option (a day-to-day option) of wearing either (a)
the military uniform or (b) an agreed-upon standard civilian
attire without display of military rank, such clothing to be
procured by employees who choose to wear it. The agreed-upon
standard civilian attire is listed as described in Section 5 of
this article. Civilian attire not specified in Section 5 will not
be worn during duty periods. The following situations are
inappropriate for wearing of the standard civilian attire:
a. During any scheduled higher headquarters inspection or
officially sanctioned visit with 5 calendar days prior notice,
except for no-notice ORI/MEI's when all employees will be in
military uniform the next duty day.
b. Travel on a military aircraft.
c. During any drill, ceremonies, parades, or military
funerals, and when representing the ANG at any public function.
d. At any meeting with The Adjutant General during normal duty
hours when requested by the technician.
e. When performing recruiter assistance.
f. When attending a military service school, or course where
wearing of the military uniform is required by higher authority.
* * * *
Standard civilian attire for members of the bargaining unit
shall be as follows: For blue collar workers standard work
uniform items described in this section are found in the Dickies
Work Uniform Catalog and for white collar workers, items of
clothing, quality and colors are as described in J. C. Penney Fall
and Winter 1980 catalog unless otherwise indicated. All items
shall be the product as described or an approved equal in color
and quality. Accessories are found in the 1980 Fall and Winter J.
C. Penney catalog. If the suppliers or manufacturers change or
discontinue the color or quality or if the agreed-upon articles
become otherwise unavailable to employees, then the proposed
replacement articles will be approved by negotiation prior to wear
by the employees. Substitute items of equal quality, color and
design from other sources may be approved by management.
a. The Parties agree that only the articles and the
combinations listed in this section shall be worn when the
employees elect to wear the standard civilian attire.
b. When special protective clothing or equipment is essential
for safety or health reasons, such as safety hats, safety shoes,
electricians gloves, safety glasses, etc., the employer will
provide these items and the employee may wear the special
protective clothing or equipment with the agreed-upon civilian
attire while performing operations which are inherently hazardous.
In addition, rain gear, overshoes and cold weather gear will be
provided for all employees during inclement weather. The
requirement for special protective clothing must be validated by
the Wing Safety Officer and in the case of rain gear and overshoes
be in accordance with T/A 016.
c. The standard civilian attire will conform to the same
standards of safety, neatness and cleanliness as required for the
USAF uniform.
d. Combinations.
(1) Work shirt, and/or "T" shirt, work pants, belt, oxford or
work shoes or safety shoes when required. Work shirt may be
removed and the T shirt worn as an outer garment when conditions
permit. Work shirt will be buttoned except for collar button.
(2) Coveralls, oxford or work shoes or safety shoes when
required.
(3) Dress shirt, dress slacks/skirt, oxford or work shoes.
Blazer is optional. Necktie will be worn if vest is worn. Shirt
front will be buttoned except for collar button which may be open
without tie.
(4) The Eisenhower or hip style jacket, parka style coat,
insulated vest, or sweater may be worn with any combination. The
insulated vest may be worn with any blue collar option except when
T shirt is worn as outer garment.
(5) The headgear, handcoverings and shop coat are optional with
any combination.
e. The tan, brown and white colors referred to in this article
will conform to the color swatches in the "J. C. PENNEY FALL &
WINTER 1980" catalog and that of "DICKIE'S" work uniform catalog,
colors "A" and "V".
(b) Post at its facilities wherever unit employees are located,
copies of the attached notice on forms to be furnished by the
Authority. Upon receipt of such forms, they shall be signed by
the Adjutant General of the Maine Air National Guard and shall be
posted by him for 60 consecutive days in conspicuous places,
including all bulletin boards and other places where notices to
employees are customarily posted. The Adjutant General shall take
reasonable steps to insure 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 of Region 1, 441 Stuart
Street, 9th Floor, Boston, MA, 02116, in writing, within 30 days
from the date of this order as to what steps have been taken to
comply herewith.
SAMUEL A. CHAITOVITZ
Administrative Law Judge
Dated: January 27, 1982
Washington, D.C.
APPENDIX
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 refuse to cooperate in and comply with the Federal
Service Impasses Panel's Decision and Order rendered in Maine Air
National Guard, Bangor, Maine and Local 3013, American Federation of
Government Employees, AFL-CIO, Case No. 80 FSIP 52(a), regarding the
attire to be worn by National Guard technicians.
WE WILL adopt the following language in our collective bargaining
agreement with Local 3013, American Federation of Government Employees
AFL-CIO:
Employees, while performing their day-to-day technician duties,
shall have the option (a day-to-day option) of wearing either (a)
the military uniform or (b) an agreed-upon standard civilian
attire without display of military rank, such clothing to be
procured by employees who choose to wear it. The agreed-upon
standard civilian attire is listed as described in Section 5 of
this article. Civilian attire not specified in Section 5 will not
be worn during duty periods. The following situations are
inappropriate for wearing of the standard civilian attire:
a. During any scheduled higher headquarters inspection or
officially sanctioned visit with 5 calendar days prior notice,
except for no-notice ORI/MEI's when all employees will be in
military uniform the next duty day.
b. Travel on a military aircraft.
c. During any drill, ceremonies, parades, or military
funerals, and when representing the ANG at any public function.
d. At any meeting with The Adjutant General during normal duty
hours when requested by the technician.
e. When performing recruiting assistance.
f. When attending a military service school, or course where
wearing of the military uniform is required by higher authority.
* * * *
Standard civilian attire for members of the bargaining unit
shall be as follows: For blue collar workers standard work
uniform items described in this section are found in the Dickies
Work Uniform Catalog and for white collar workers, items of
clothing, quality and colors are as described in J. C. Penney Fall
and Winter 1980 catalog unless otherwise indicated. All items
shall be the product as described or an approved equal in color
and quality. Accessories are found in the 1980 Fall and Winter J.
C. Penney catalog. If the suppliers or manufacturers change or
discontinue the color or quality or if the agreed-upon articles
become otherwise unavailable to employees, then the proposed
replacement articles will be approved by negotiation prior to wear
by the employees. Substitute items of equal quality, color and
design from other sources may be approved by management.
a. The Parties agree that only the articles and the
combinations listed in this section shall be worn when the
employees elect to wear the standard civilian attire.
b. When special protective clothing or equipment is essential
for safety or health reasons, such as safety hats, safety shoes,
electricians gloves, safety glasses, etc., the employer will
provide these items and the employee may wear the special
protective clothing or equipment with the agreed-upon civilian
attire while performing operations which are inherently hazardous.
In addition, rain gear, overshoes and cold weather gear will be
provided for all employees during inclement weather. The
requirement for special protective clothing must be validated by
the Wing Safety Officer and in the case of rain gear and overshoes
be in accordance with T/A 016.
c. The standard civilian attire will conform to the same
standards of safety, neatness and cleanliness as required for the
USAF uniform.
d. Combinations.
(1) Work shirt, and/or "T" shirt, work pants, belt, oxford or
work shoes or safety shoes when required. Work shirt may be
removed and the T shirt worn as an outer garment when conditions
permit. Work shirt will be buttoned except for collar button.
(2) Coveralls, oxford or work shoes or safety shoes when
required.
(3) Dress shirt, dress slacks/skirt, oxford or work shoes.
Blazer is optional. Necktie will be worn if vest is worn. Shirt
front will be buttoned except for collar button which may be open
without tie.
(4) The Eisenhower or hip style jacket, parka style coat,
insulated vest, or sweater may be worn with any combination. The
insulated vest may be worn with any blue collar option except when
T shirt is worn as outer garment.
(5) The headgear, handcoverings and shop coat are optional with
any combination.
e. The tan, brown and white colors referred to in this article
will conform to the color swatches in the "J. C. PENNEY FALL &
WINTER 1980" catalog and that of "DICKIE'S" work uniform catalog,
colors "A" and "V".
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.
(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 of the Federal Labor Relations Authority, Region 1,
whose address is 441 Stuart Street, 9th Floor, Boston, MA 02116, and
whose telephone number is (617) 223-0920.
/1A/ The Respondent argues that, contrary to the Judge's statement at
n. 4 of his Decision, it did, in responding to the Complaint issued in
this case, deny the allegation that it had failed to implement and abide
by the Decision and Order of the Federal Service Impasses Panel (the
Panel) in Case No. 80 FSIP 52(a) (1981). The Authority notes that, in
its response to the Complaint, the Respondent contended that it had not
refused to cooperate with the Panel, but because of what it viewed as an
outstanding legal question regarding the Panel's authority had only
"deferred" action until resolution of the question. Based on this
contention, the Authority finds that the Judge's characterization of the
Respondent's position is an accurate one.
--------------- FOOTNOTES$ ---------------
/1/ Cf. Fed. R. Civ. P. 56; Lyons v. Bd. of Ed. Charleston
Reorganized School District No. 1 of Miss. Cty., Mo., 523 F 2d 340, 347
(8th Cir., 1975).
/2/ The Federal Service Labor-Management Relations Statute requires
that hearings be conducted in accordance with the Administrative
Procedure Act, 5 U.S.C. 551 et seq., to the extent practicable. 5
U.S.C. 7118(a)(6). Motions in the nature of motions for summary
judgment are deemed appropriate under the Administrative Procedure Act.
See, e.g., Municipal Light Boards of Reading and Wakefield, Mass. v.
Federal Power Commission, 450 F.2d 1341, 1346-1346 (D.C. Cir., 1971),
cert. denied, 405 U.S. 989 (1972).
/3/ Davis, Administrative Law Treatise, Second Edition, Secs. 12.1,
12.10 (1979).
/4/ The sole factual issue upon which the alleged violation of the
Statute is based is Respondent's failure to implement and abide by a
Decision and Order of the FSIP in Case No. 80 FSIP 52(a). Respondent in
its response did not deny this fact.
/5/ Cf. Davis, supra, Sec. 12.1, at p. 406. The practice under
Executive Order 11491, as amended, was substantially the same. See
Internal Revenue Service, A/SLMR No. 897, 7 A/SLMR 782 (1977).
/6/ Following the Union's request for assistance from the FSIP, the
FSIP determined that written proposals would be exchanged. The FSIP
ordered the parties to adopt the Union's proposals without a separate
hearing.
/7/ It is not necessary to reach the issue whether this conduct also
violated Section 7116(a)(5) of the Statute because such a finding of
violation would provide no additional remedy.