16:0318(50)CA - AFGE Local 3732 and Transportation, Maritime Administration, Merchant Marine Academy, Kings Point, NY -- 1984 FLRAdec CA
[ v16 p318 ]
16:0318(50)CA
The decision of the Authority follows:
16 FLRA No. 50 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 3732 Respondent and DEPARTMENT OF TRANSPORTATION MARITIME ADMINISTRATION U.S. MERCHANT MARINE ACADEMY KINGS POINT, NEW YORK Charging Party Case No. 2-CO-20013 DECISION AND ORDER The Administrative Law Judge issued the attached Decision in the above-entitled proceeding, finding that the Respondent had engaged in the unfair labor practice alleged in the complaint, and recommending that it be ordered to cease and desist therefrom and take certain affirmative action. Thereafter, the Respondent filed exceptions to the Judge's Decision and the Charging Party filed an opposition to those exceptions. 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 recommended Order as modified below. The Judge found that the Respondent violated the Statute when it refused to sign the prenegotiation agreement containing the provision ordered by the Federal Service Impasses Panel as well as the ground rules for negotiations agreed to by the parties. While the Authority agrees with the Judge's conclusion that the parties were not in dispute over ground rules other than hours of negotiation, the Authority notes that the prenegotiation agreement submitted by the Charging Party to the Respondent on October 8, 1981 did not contain the exact terms contained in the parties' previous agreement. Although the prenegotiation agreement and the parties' prior agreement did not contain identical terms, other documents and testimony in the record reveal that the October 8, 1981 prenegotiation agreement included all the ground rules agreed to by the parties. In agreement with the Judge the Authority concludes that Respondent violated section 7116(b)(5) by refusing to execute it. 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, the Authority hereby orders that the American Federation of Government Employees, AFL-CIO, Local 3732, shall: 1. Cease and desist from: (a) Failing or refusing to comply with the Decision and Order of the Federal Service Impasses Panel in Case No. 81 FSIP 77, or in any other manner failing or refusing to cooperate with impasse procedures and decisions. (b) Failing or refusing to sign the October 8, 1981 prenegotiation agreement containing the provision ordered by the Federal Service Impasses Panel in Case No. 81 FSIP 77, and the ground rules for negotiations set forth in said agreement. (c) In any like or related manner interfering with, restraining, or coercing employees in the exercise of their rights assured by by the Statute. 2. Take the following affirmative action in order to effectuate the purposes and the policies of the Statute: (a) Cooperate with the Federal Service Impasses Panel and comply with its Decision and Order in Case No. 81 FSIP 77. (b) Upon request, sign the October 8, 1981 prenegotiation agreement containing the provision ordered by the Federal Service Impasses Panel in Case No. 81 FSIP 77, and the ground rules for negotiations set forth in said agreement. (c) Post at its business offices and in normal meeting places including all places where notices to members are customarily posted at the U.S. Merchant Marine Academy, Kings Point, New York copies of the attached Notice on forms to be furnished by the Authority. Upon receipt of such forms, they shall be signed by the President, American Federation of Government Employees, Local 3732 and shall be posted by him for 60 consecutive days. Reasonable steps shall be taken to insure that such notices are not altered, defaced, or covered by any other material. (d) Pursuant to section 2423.29 of the Authority's Rules and Regulations, notify the Regional Director, Region II, 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., October 31, 1984 Henry B. Frazier III, Acting Chairman Ronald W. Haughton, Member FEDERAL LABOR RELATIONS AUTHORITY NOTICE TO ALL MEMBERS AND OTHER 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 MEMBERS AND OTHER EMPLOYEES THAT: WE WILL NOT fail or refuse to comply with the Decision and Order of the Federal Service Impasses Panel in Case No. 81 FSIP 77, or in any other manner fail or refuse to cooperate with impasse procedures and decisions. WE WILL NOT refuse to sign the October 8, 1981 prenegotiation agreement containing the provision ordered by the Federal Service Impasses Panel in Case No. 81 FSIP 77, and the ground rules for negotiation set forth in said agreement. WE WILL sign the October 8, 1981 prenegotiation agreement containing the provision ordered by the Federal Service Impasses Panel in Case No. 81 FSIP 77, and the ground rules for negotiations set forth in said agreement. (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 any of its provisions, they may communicate directly with the Regional Director for the Federal Labor Relations Authority Region II, whose address is: 26 Federal Plaza, Room 24-102, New York, NY 10278 and whose telephone number is: (212) 264-4934. FOLLOWS -------------------- CISION EMPLOYEES, AFL-CIO, LOCAL 3732 Respondent and DEPARTMENT OF TRANSPORTATION, MARITIME ADMINISTRATION U.S. MERCHANT MARINE ACADEMY, KINGS POINT, NEW YORK Charging Party Case No.: 2-CO-20013 Gay Snyder, Esq. Joseph Fallon For the Respondent Alfred Johnson, Jr. Esq. James Petrucci, Esq. For the General Counsel Peter J. Hannums, Esq. For the Charging Party Before: WILLIAM NAIMARK Administrative Law Judge DECISION Statement of the Case This is a proceeding under the Federal Service Labor-Management Relations Statute, 5 U.S.C. 7101 et seq. (herein called the Statute). It is based on a first amended charge filed on May 7, 1982 by Department of Transportation, Maritime Administration, U.S. Merchant Marine Academy, Kings Point, New York (herein called the agency or Academy), against American Federation of Government Employees, AFL-CIO, Local 3732 (herein called Respondent or Union). Pursuant to a Complaint and Notice of Hearing issued on December 30, 1982 by the Regional Director for the Federal Labor Relations Authority, New York, NY Region, a hearing was held before the undersigned on April 11, 1983. The Complaint alleged, in substance, that on or about October 8, 1981 and thereafter Respondent refused (a) to comply with a Federal Service Impasses Panel Decision and Order, Case No. 81 FSIP 77, dated September 19, 1981; (b) to execute a written document embodying the agreed upon term and provision ordered by the Federal Service Impasses Panel concerning ground rules for negotiating a collective bargaining agreement-- all in violation, respectively, of Section 7116(b)(6) and 7116(b)(5) of the Statute. Respondent's answer, dated January 7, 1983, denied the aforesaid allegations and the commission of any unfair labor practices. As affirmative defenses it averred that the Federal Service Impasses Panel (a) lacked jurisdiction to issue the Order it did on September 18, 1981; (b) issued an Order contrary to 5 U.S.C. 7131 and other provisions of Title 5. Both parties were represented at the hearing. Each was afforded full opportunity to be heard, to adduce evidence, and to examine as well as cross-examine witnesses. Briefs were filed with the undersigned which have been duly considered. Upon the entire record herein, from my observation of the witnesses and their demeanor, and from all of the testimony and evidence adduced at the hearing, I make the following findings and conclusions: Findings of Fact 1. At all times material herein Respondent has been, and still is, the exclusive bargaining representative of all faculty members and non-supervisory librarians employed by the U.S. Merchant Marine Academy excluding department heads and assistant department heads, members of the regimental department and Academy training representatives. 2. Apart from librarians, the unit includes professors who are required to teach 12 hours per week. They teach during four quarters annually from 8 a.m. - 5 p.m., Monday through Friday, with one hour for lunch. The first academic quarter in 1981 began on July 27 and expired on October 9 of that year. 3. The professors are obligated to conduct certain activities both within and outside normal duty hours, such as research and scholarly activities that result in publications, and to serve as guest lecturers or present papers pertaining to their fields of endeavor. 4. Between 1979 and 1981 the parties herein met to negotiate ground rules which would govern their collective bargaining sessions. In 1979 they disagreed as to two items: a reduction in the teaching load of the faculty members and the hours of the day during which negotiations would take place. They submitted their dispute in 1979 to the Federal Service Impasses Panel which refused to accept jurisdiction on the ground that the issue was one of negotiability. 5. In June, 1980 Respondent and the agency resolved the dispute as to the teaching load. They agreed to a three hour teaching load for the first quarter of negotiations. 6. There was also a disagreement as to the number of members which would comprise each negotiating team, and also whether a member could be replaced. The parties finally agreed to reduce each team to four members; and it was understood that replacements could occur under the circumstances set forth in the proposed rules agreement (Respondent's Exhibit 1). 7. The parties were in complete disagreement as to the hours during which bargaining should be held. The Union insisted that negotiations take place between 10 a.m. and 5 p.m.; that in no event should they be after duty hours ended (5 p.m.). Management proposed that bargaining sessions take place from 12:30 p.m. to 6 p.m. 8. Dr. Howard Beim, professor of chemistry and vice-president of the Respondent Union, testified he believed it was understood, and so stated by the parties, that they would negotiate for one quarter; that it was hoped the first quarter of negotiations would coincide with the first academic quarter; that the dispute was concerned with the first quarter of negotiations, whenever that occurred. 9. In a letter dated March 10, 1981 Beim wrote Peter J. Hannums, chief negotiator for the Academy, in which he stated inter alia: After reviewing your letter and the Academy's final proposal, we do not agree that there are two groundrule issues with which we are not in substantive agreement. There appears to be only one: The hours when negotiating sessions will be held during the First Quarter of the 1981-82 Academic Year. 10. Under date of April 15, 1981 Peter J. Hannums, submitted to the Federal Service Impasses Panel (hereinafter called the Panel) the issue at dispute between the parties, to wit: "The hours when negotiating sessions will be held during the first quarter of the 1981-82 academic year." 11. The Panel rendered its Decision and Order in 81 FSIP 77 (1981), dated September 18, 1981, in which it ordered that "The parties shall bargain from 12:30 p.m. to 6 p.m. during all academic quarters in which negotiations are conducted." 12. In a letter dated October 8, 1981 /1/ addressed to Kenneth Lazara, President of Respondent Union, the Academy, by its Assistant Superintendent John H. Lewis, enclosed two copies of the ground rules agreed upon by the parties and included therewith the provision re hours of negotiation as ordered by the Panel. (Joint Exhibit 3) Lewis suggested they meet on October 14 at 14:30 hours to formally sign the prenegotiation agreement. 13. Lazara telephoned Lewis on October 14 to inform management that the Union was seeking advice from its national counsel, and the Respondent's official stated further that it was not prepared to sign the agreement until such advice was received. 14. In reply to the foregoing call, Lewis wrote Lazara on October 15, stating that the meeting on October 14 was cancelled; that he was rescheduling a meeting to sign the prenegotiation agreement on October 28 at his office. 15. By letter dated October 19 Lazara advised Lewis that the Union was considering the possibility of appealing the Panel's Decision and Order; and he stated that Lewis would be contacted re a meeting as soon as a decision has been made by the National AFGE. 16. Under date of October 21 Lewis wrote Lazara and stated that, while he appreciated the Union's desire to seek counsel, five weeks had elapsed since the Panel rendered its decision. Accordingly, he rendered the request that the parties meet on October 28 to sign the prenegotiation agreement. 17. Lazara replied in a letter dated October 27 reiterating its intention to await word from the National AFGE re a possible appeal from the Panel's decision. 18. Finally, in a letter dated January 28, 1982 Joseph Fallon, chief negotiator for Respondent, informed Hannums that Respondent was advised not to agree to negotiations past 5 p.m. /2/ The stated reasons for its refusal to negotiate past that hour were: (a) the Panel went beyond the impasse resolution request by issuing guidelines for all quarters, whereas they were asked to decide on the first quarter of negotiations; (b) the Panel violated "Collective Bargaining Law" in mandating after hours negotiations and has no authority to issue such an order. 19. Beim testified at the hearing herein that the Respondent refused to sign the prenegotiation agreement for several reasons. Firstly, it included the Panel's directive to negotiate after 5 p.m. for all quarters. The Union felt that the Panel could not legally require bargaining after 5 p.m., and, moreover, the submission was for one quarter whereas the directive included all quarters of negotiation. Further, Beim stated that there had been no discussion or agreement as to the rest of ground rule No. 1 as submitted by management; that it did not contain other provisions to which the parties had agreed. /3/ Conclusions There are two primary and basic issues to be determined herein: (1) whether Respondent's refusal and failure to comply with the Panel's Decision and Order in 81 FSIP 77 was violative of Section 7116(b)(6) of the Statute; (2) whether Respondent's refusal and failure to execute the prenegotiation agreement containing terms consented to by the parties, as well as the provision ordered by the Panel in 81 FSIP 77, constituted a violation of Section 7116(b)(5) of the Statute. (1) In contending that the Panel's Decision and Order should be overturned, Respondent makes three principal arguments: (a) the Panel's directive to the parties exceeded the scope of the dispute submitted to it for determination; (b) requiring the parties to meet and negotiate after 5 p.m. flouts Section 7103(a)(12) of the Statute which calls for the agency and a union to meet at reasonable times in order to bargain collectively; (c) the union representatives can only be required to conduct negotiations during duty hours (no later than 5 p.m.) under Section 7131 of the Statute. Accordingly, Respondent insists the Panel's Decision and Order was arbitrary and capricious as well as illegal. (a) The basis for the Panel's action in respect to disputes submitted to it stems from Section 7119 of the Statute. Under subdivision (b) thereof it is provided that when the resolution of a negotiation impasse fails, "either party may request the Federal Service Impasses Panel to consider the matter." Subdivision (c)(5)(A) of Section 7119 states as follows: The Panel or its designee shall promptly investigate any impasse presented to it under subsection (b) of this section. The Panel shall consider the impasse and shall either-- (i) recommend to the parties procedures for the resolution of the impasse; or (ii) assist the parties in resolving the impasse through whatever methods and procedures, including factfinding and recommendations, it may consider appropriate to accomplish the purpose of this section. The Authority's Rules and Regulations, under Section 2471 et seq. track the foregoing statutory provisions. They provide for either party to request the Panel to consider the matter where a negotiation impasse is not resolved. Further, the Panel may, under 2471.11(a) take whatever action is necessary and not inconsistent with 5 U.S.C. chapter 71 to resolve the impasse. While it is true that the dispute submitted to the Panel concerned the hours when negotiating sessions should be held in the first quarter of the 1981-82 academic year, I cannot subscribe to the view that the Panel's ruling was arbitrary when it directed the parties to bargain from 12:30 p.m. to 6 p.m. during all academic quarters. The basic dispute between the Academy and Respondent involved the hours during which bargaining would occur. The impasse which existed resulted from the disagreement between the parties as to whether negotiations should take place after 5 p.m. It did not resolve around whether bargaining should take place in the first or any subsequent academic quarter. The statutory language in Section 7119 envisages, as I interpret it, that the Panel consider the basic issue and take action to resolve the impasse. In so doing, it seems clear that the Panel may direct a resolution which embraces the "matter" in dispute, and it may utilize any method it deems necessary so long as it is not inconsistent with the chapter. The Authority's decision in National Aeronautics and Space Administration, Headquarters, Washington, D.C., 12 FLRA No. 94 (1983) confirms the latitude devolving upon the Panel in this respect. In the cited case the submission to the Panel failed to specifically identify a grievance procedure question as an impasse issue. Nevertheless, this grievance procedure was posed by the union as an issue and did constitute a dispute between the parties. The Authority rejected an assertion of lack of jurisdiction based on the failure to identify the grievance procedure as an impasse issue. It accepted Judge Scalzo's reasoning that a Panel request must be considered in its entirety; that the Panel's authority is not delimited by technical language in the request for resolution, but the entire "matter" may be considered and determined as appropriate. The foregoing rationale seems apposite to the case at bar. The direction by the Panel to bargain between 12:30 p.m. - 6 p.m. during all academic quarters in which negotiations are conducted is reasonable and well within the disputed submission. At the time of the Panel's Decision and Order the first academic quarter was nearly concluded. It would have been manifestly duplicative to require the parties to return each quarter for a directive to bargain from 12:30 p.m. to 6 p.m. I deem the resolution of the Panel, insofar as it encompassed all academic quarters in which negotiations are conducted, to be within the framework of the dispute submitted to it. Further, that such directive was a necessary and integral part of the resolution; that it was not beyond the scope of the submitted scope so as to be an arbitrary decision. (b) Parties are adjured, under Section 7114(b)(3) of the Statute, "to meet at reasonable times and convenient places as frequently as may be necessary, and to avoid unnecessary delays." Moreover, under Section 7103(12) the definition of 'collective bargaining' includes meeting at reasonable times. Respondent Union has concluded that the Panel disregarded this law by directing the parties to meet after 5 p.m. It construes the term 'reasonable' as precluding negotiations after that hour since duty work terminates at that time. No determination by the Authority in this regard has been brought to my attention. However, I am not persuaded that the directive of the Panel to meet during the hours 12:30 p.m. to 6 p.m. runs contrary to the aforesaid statutory provisions. No interdiction is found therein which prohibits bargaining after duty hours. Moreover, I cannot conclude that engaging in negotiations one hour beyond 5 p.m. (the expiration of duty) is tantamount to meeting at an unreasonable time. The order of the Panel in that respect may place a burden to some extent on the representatives engaged in negotiations. Nevertheless, the extra hour beyond quitting time is not imposed upon the Union alone, and I do not view this particular inconvenience as a violation of Section 7114(b)(3) of the Statute. (c) It is also stoutly argued by Respondent that requiring the Union representatives to negotiate after 5 p.m. violates Section 7131 of the Statute. Under this section the employee representative must be allotted official time during negotiations occurring when they would otherwise be in duty status. The Union contends that if their negotiators are forced to bargain until 6 p.m., it creates inequality between the parties since they are not employed as labor-management personnel. Such a result, it is urged, runs counter to the purpose of the Statute aimed at equalizing labor and management. Despite the possible inequality as stated by the Union, I cannot conclude that Section 7131 mandates that negotiating sessions must take place during duty hours. That statutory language bespeaks of granting official time to employees representing a union while negotiating a collective bargaining agreement during duty hours. It neither explicitly nor implicitly forbids the holding of negotiations after duty hours. To so construe the Statute is an unwarranted extension of its literal language, and I find no support in case law or legislative history for such a construction. Thus, I conclude that the Panel's directive did not run afoul of Section 7131 of the Statute. It is expressly provided in Section 7116(b)(6) that it is an unfair labor practice for a labor organization to fail or refuse to cooperate in impasse procedures and impasse decisions as required by that chapter. While Respondent may challenge the Panel's order in an unfair labor practice proceeding, it will run afoul of the Statute if said order is deemed proper. In my opinion the Union herein has not justifiably refused to abide by the Panel's Decision and Order in 81 FSIP 77 as being arbitrary and capricious or contrary to law. Accordingly, I conclude Respondent has violated Section 7116(b)(6) of the Statute. See National Aeronautics and Space Administration, Headquarters, Washington, DC, supra; Florida National Guard, 9 FLRA No. 41 (1982); Division of Military and Naval Affairs, State of New York, Albany, NY, 8 FLRA No. 33 (1982); State of Nevada National Guard, 7 FLRA No. 37 (1981). (2) An obligation is imposed upon parties who are engaged in collective bargaining to sign an agreement when they are accord with its terms. Section 7114(b)(5) declares that the duty to negotiate in good faith includes the obligation-- if agreement is reached, to execute on request of any party to the negotiation a written document embodying the agreed terms, and to take such steps as are necessary to implement such agreement. Then, it is apparent that, as mandated by the Statute, if the parties herein reached agreement upon the ground rules for negotiation it is incumbent upon each to execute a written instrument embodying such rules. While Union representative Beim testified there had been a dispute concerning certain ground rules other than hours of negotiation, i.e. teaching load per quarter, the number of negotiators during bargaining sessions, and substitution of negotiators, these had been resolved prior to the Panel's Decision and Order in 81 FSIP 77. Further, record facts do not support Beim's testimony that the parties had not agreed to all ground rules, /4/ or that Article 1 of the prenegotiation agreement did not include all provisions to which the parties consented. The prenegotiation agreement submitted by management to the Union on October 8, 1981 (Joint Exhibit 3), contains the exact terms set forth in Respondent's Exhibit 1-- admittedly agreed to by the parties-- except for the hours of negotiation as directed by the Panel. This conclusion is supported by Beim's statement, in his letter to management on March 10, 1981, that there is only one ground rule with which the parties are not in substantive agreement: the hours when negotiating sessions would be held. Accordingly, I am constrained to conclude that the ground rules for negotiation, except as to the hours therefor, were agreed to by the parties herein. Based on the record testimony and documents submitted herein, I am persuaded that the Academy and the Union had resolved all differences other than the hours during which bargaining should take place. Further, I conclude that the October 8 prenegotiation agreement included all the ground rules consented to and relied upon by the parties, together with the directive by the Panel re the hours for negotiation. Respondent has insisted that it would not sign the prenegotiation agreement since it directed that negotiating sessions be held for all quarters between 12:30 p.m. and 6 p.m. However, inasmuch as I have concluded that the terms of the ground rules had been agreed upon and that the Panel's directive was proper, the Union's refusal to execute the prenegotiated agreement was not justified. A party may not avoid its obligations under Section 7114(b)(5) to execute a written agreement embodying agreed upon terms. To do so runs counter to the duty to bargain imposed by the Statute. In sum, I conclude Respondent has violated Section 7116(b)(5) of the Statute by refusing to execute the prenegotiation agreement as forwarded to it by the agency on October 8, 1981 and recited in Joint Exhibit 3 herein. Military Department, State of Oregon, Oregon Army and Air National Guard, Salem, Oregon, 8 FLRA No. 107 (1982). See also Defense General Supply Center, A/SLMR No. 790 which, although arising under Executive Order 11491, as amended, involved a refusal to bargain by not signing a negotiated agreement which the parties agreed to beforehand. Having found that Respondent violated Section 7116(b)(5) and (6) of the Statute by failing and refusing to execute the prenegotiation agreement containing the provision ordered by the Federal Service Impasses Panel to be included therein, as well as the ground rules for negotiation agreed to by the parties, it is recommended that the Authority issue the following Order: 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, the Authority hereby orders that the American Federation of Government Employees, AFL-CIO, Local 3732 shall: 1. Cease and desist from: (a) Failing or refusing to comply with the Decision and Order of the Federal Service Impasses Panel in Case No. 81 FSIP 77, or in any other manner failing or refusing to cooperate with impasse procedures and decisions. (b) Failing or refusing to adopt and incorporate the following language in the October 8, 1981 prenegotiation agreement with the Department of Transportation, Maritime Administration, U.S. Merchant Marine Academy, Kings Point, New York: The parties shall bargain from 12:30 p.m. to 6 p.m. during all academic quarters in which negotiations are conducted. (c) Failing or refusing to sign the October 8, 1981 prenegotiation agreement containing the provision ordered by the Federal Service Impasses Panel in Case No. 81 FSIP 77, and the ground rules for negotiations set forth in said agreement. (d) In any like or related manner interfering with, restraining or coercing employees in the exercises of their rights assured by the Statute. 2. Take the following affirmative action in order to effectuate the policies of the Statute: (a) Cooperate with the Federal Service Impasses Panel and comply with its Decision and Order in Case No. 81 FSIP 77. (b) Adopt and incorporate the following language in its October 8, 1981 prenegotiation agreement with the Department of Transportation, Maritime Administration, U.S. Merchant Marine Academy, Kings Point, New York: The parties shall bargain from 12:30 p.m. to 6 p.m. during all academic quarters in which negotiations are conducted. (c) Upon request, sign the October 8, 1981 prenegotiation agreement containing the provision ordered by the Federal Service Impasses Panel in Case No. 81 FSIP 77 and the ground rules for negotiations set forth in said agreement. (d) Post at the bulletin boards provided for the posting of union material by the U.S. Merchant Marine Academy, Kings Point, New York copies of the attached notice on forms to be furnished by the Authority. Upon receipt of such forms, they shall be signed by the President, American Federation of Government Employees, Local 3732 and shall be posted by him for 60 consecutive days. Reasonable steps shall be taken 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 II, 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. WILLIAM NAIMARK Administrative Law Judge Dated: October 13, 1983 Washington, DC APPENDIX 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 STATUTE We Hereby Notify Our Employees That: WE WILL NOT fail or refuse to comply with the Decision and Order of the Federal Service Impasses Panel in Case No. 81 FSIP 77, or in any other manner fail or refuse to cooperate with impasse procedures and decisions. WE WILL NOT fail or refuse to adopt and incorporate the following language in the October 8, 1981 prenegotiation agreement with the Department of Transportation, Maritime Administration, U.S. Merchant Marine Academy, Kings Point, New York: The parties shall bargain from 12:30 p.m. to 6 p.m. during all academic quarters in which negotiations are conducted. WE WILL NOT refuse to sign the October 8, 1981 prenegotiation agreement containing the provision ordered by the Federal Service Impasses Panel in Case No. 81 FSIP 77, and the ground rules for negotiation set forth in said agreement. WE WILL NOT in any like or related manner interfere with, restrain or coerce employees in the exercise of their rights assured by the Statute. WE WILL comply with the Decision and Order of the Federal Service Impasses Panel in Case No. 81 FSIP 77 by adopting and incorporating the following language in the October 8, 1981 prenegotiation agreement with the Department of Transportation, Maritime Administration, U.S. Merchant Marine Academy, Kings Point, New York: The parties shall bargain from 12:30 p.m. to 6 p.m. during all academic quarters in which negotiations are conducted. WE WILL sign the October 8, 1981 prenegotiation agreement containing the provision ordered by the Federal Service Impasses Panel in Case No. 81 FSIP 77 and the ground rules for negotiations set forth in said agreement. (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 questions 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 II, whose address is 26 Federal Plaza, Room 24-102, New York, NY 10278 and whose telephone number is (212) 264-4934. --------------- FOOTNOTES$ --------------- /1/ Unless otherwise indicated, all dates hereinafter mentioned occur in 1981. /2/ The letter did suggest the parties sign off on all other ground rules which do not require negotiating past that hour and begin the negotiating process. /3/ Beim did testify that Article 1 in Respondent's Exhibit 1 was agreed to by the parties in 1979 except for the disputes re the teaching load and the hours for negotiations. No mention had been previously made by Beim that the prenegotiation agreement did not contain all the agreed upon provisions. /4/ Moreover, Respondent's Counsel stated that, except for the hours of negotiation, the parties had agreed to all other terms or ground rules.