[ v15 p438 ]
15:0438(89)CA
The decision of the Authority follows:
15 FLRA No. 89
U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT
Respondent
and
AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES
Charging Party
Case No. 3-CA-20788
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
stipulation of facts and the parties' contentions, the Authority finds:
The complaint alleges that the Respondent violated section
7116(a)(1), (5) and (8) of the Federal Service Labor-Management
Relations Statute (the Statute) when its agents, Craig Nickerson and
Michael Ehrman, conducted a meeting on June 22, 1982 at which they
failed to afford the Union an opportunity to be present, thereby
bypassing the Union and failing to comply with section 7114(a)(2)(A) of
the Statute. /1/
The stipulated record reflects that on June 22, 1982, Nickerson and
Ehrman, both Division Directors in the Office of Urban Rehabilitation,
called a meeting at which all employees present in the Officer were
required to attend. In addition to Nickerson and Ehrman, the meeting,
which commenced 15 minutes after it was called, was attended by
approximately 30 employees and at least two additional supervisors. It
was held outside Nickerson's office in an open area and was conducted
jointly by Nickerson and Ehrman. No Union representatives were present.
The purpose of the meeting was to inform the employees of a pending
reduction-in-force (RIF), and a memo regarding the RIF was handed out to
all employees present. Questions asked at the meeting were responded to
by Ehrman and Nickerson who either referred the employees present to the
memo or told them the answer would be provided later. The meeting
lasted approximately 20 minutes and no minutes were kept.
Upon consideration of all the factors relevant to the circumstances
of the instant case, the Authority concludes that the June 22, 1982
meeting was "formal" within the meaning of section 7114(a)(2)(A). /2/
Thus, the stipulated record establishes that the meeting was conducted
by two second level supervisors of the bargaining unit employees in
attendance; at least two other management representatives were present;
prepared materials concerning the RIF were passed out at the meeting;
and attendance was mandatory. Turning next to the question of whether
the subject matter discussed at the meeting concerned "any grievance, or
any personnel policy or practices or other general conditions of
employment," the Authority notes that there is no dispute that the
pending RIF falls within such subject matter. Accordingly, the
Authority concludes that the meeting held on June 22, 1982 was a formal
discussion within the meaning of section 7114(a)(2)(A). Thus, the
Respondent's failure to provide the exclusive representative with an
opportunity to be present at a meeting which constituted a formal
discussion of matters within the meaning of section 7114(a)(2)(A) of the
Statute was violative of section 7116(a)(1) and (8).
However, the Authority finds that the Respondent did not bypass the
Union at the meeting in violation of section 7116(a)(1) and (5) of the
Statute. Thus, the purpose of the meeting was solely to transmit
information to the employees. The stipulated record is devoid of any
evidence that the Respondent attempted to deal directly with the
employees with respect to their conditions of employment. /3/
Accordingly, this allegation of the complaint must be dismissed.
ORDER
Pursuant to section 2423.29 of the Authority's Rules and Regulations
and section 7118 of the Statute, the Authority hereby orders that the
U.S. Department of Housing and Urban Development shall:
1. Cease and desist from:
(a) Failing to provide the exclusive representative, American
Federation of Government Employees, with an opportunity to be present at
formal discussions with bargaining unit employees at which personnel
policies and practices or other conditions of employment are discussed.
(b) In any like or related manner interfering with, restraining, or
coercing its employees in the exercise of their rights assured by the
Statute.
2. Take the following affirmative action in order to effectuate the
purposes and policies of the Statute:
(a) Post at its facilities, located at 4551 7th Street, S.W.,
Washington, D.C., 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 and shall be posted and
maintained for 60 consecutive days thereafter, in conspicuous places,
including all bulletin boards and other places where notices to
employees are customarily posted. Reasonable steps shall be taken to
insure that such Notices are not altered, defaced, or covered by any
other material.
(b) 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.
IT IS FURTHER ORDERED that the remaining allegation of the complaint
in Case No. 3-CA-20788 be, and it hereby is, dismissed.
Issued, Washington, D.C., August 8, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, 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 to provide the exclusive representative, American
Federation of Government Employees, with an opportunity to be present at
formal discussions with bargaining unit employees at which personnel
policies and practices or other conditions of employment are discussed.
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
Statute.
(Activity)
By: (Signature) (Title)
Dated: . . .
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: P.O. Box 33758, Washington, D.C. 20033-0758 and whose telephone
number is: (202) 653-8452.
--------------- FOOTNOTES$ ---------------
/1/ Section 7114(a)(2)(A) reads as follows:
(a)(2) An exclusive representative of an appropriate unit in an
agency shall be given the opportunity to be represented at--
(A) any formal discussion between one or more representatives
of the agency and one or more employees in the unit or their
representatives concerning any grievance or any personnel policy
or practices or other general condition of employment(.)
/2/ See Department of Health and Human Services, Social Security
Administration, Bureau of Field Operations, San Francisco, California,
10 FLRA 115 (1982); Defense Logistics Agency, Defense Depot Tracy,
Tracy, California, 14 FLRA No. 78 (1984).
/3/ See Internal Revenue Service (District, Region, National Office,
Unit), 11 FLRA No. 23 (1982) affirmed sub nom. National Treasury
Employees Union v. FLRA, 725 F.2d 126 (D.C. Cir. 1984).