17:0368(57)CA - HHS, SSA, and Office of Hearings and Appeals, Region II and AFGE Local 1760 -- 1985 FLRAdec CA
[ v17 p368 ]
17:0368(57)CA
The decision of the Authority follows:
17 FLRA No. 57 DEPARTMENT OF HEALTH AND HUMAN SERVICES, SOCIAL SECURITY ADMINISTRATION, AND OFFICE OF HEARINGS AND APPEALS, REGION II Respondent and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1760, AFL-CIO Charging Party Case No. 2-CA-20324 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, accompanying exhibits, and the parties' contentions, the Authority finds: The complaint alleges that the Respondent violated section 7116(a)(1) and (5) of the Federal Service Labor-Management Relations Statute (the Statute) when it failed and refused to negotiate over the ground rules for impact and implementation bargaining concerning two management-proposed changes in conditions of employment. The record reflects that the parties met on November 12, 1981, to commence impact and implementation negotiations concerning the opening of a New Bronx Hearing Office and the relocation of the Syracuse Hearing Office. The Union presented the Respondent with written proposals concerning the ground rules for such negotiations. In a letter dated November 30, 1981, the Respondent stated that, "It is our position that . . . (the Statute) . . . does not require the establishment of formal ground rules prior to engaging in impact and implementation negotiations." Thereafter, the Respondent took the position that while it would meet at mutually convenient times and places, it would not negotiate over the Union's ground rule proposals. Subsequent to that date, negotiations did take place over the impact and implementing procedures of the two management-proposed changes in conditions of employment. In a decision issued subsequent to the parties' stipulation of facts herein which involved essentially similar facts and similar positions of the parties, /1/ the Authority concluded that an agency's refusal to bargain over a union's ground rule proposal based solely on its contention that it was inappropriate except during formal contract negotiations constituted a failure to fulfill its obligation to bargain in good faith in violation of section 7116(a)(1) and (5) of the Statute. Harry S. Truman Memorial Veterans Hospital, Columbia, Missouri, 16 FLRA No. 126 (1984). The Authority similarly concludes herein that the Respondent's refusal to negotiate over the ground rules proposed by the Union for impact and implementation bargaining concerning management-proposed changes in conditions of employment constituted a failure to fulfill its obligation to bargain in good faith in violation of section 7116(a)(1) and (5) of the Statute. Moreover, as in Harry S. Truman Memorial Veterans Hospital, the Authority concludes that the purposes and policies of the Statute will be best effectuated by an order requiring the Respondent to bargain in good faith regarding ground rule proposals which may be submitted in connection with future negotiations. ORDER Pursuant to section 2423.29 of the Rules and Regulations of the Authority and section 7118 of the Statute, the Authority hereby orders that the Department of Health and Human Services, Social Security Administration, and Office of Hearings and Appeals, Region II, shall: 1. Cease and desist from: (a) Refusing to bargain over ground rules proposed by the American Federation of Government Employees, AFL-CIO, Local 1760, the exclusive representative of its employees, concerning the negotiation of the impact and implementation of a new Bronx Hearing Office and the relocation of the Syracuse Hearing Office. (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) Bargain in good faith with the American Federation of Government Employees, AFL-CIO, Local 1760, the exclusive representative of its employees, over ground rule proposals which may be submitted in connection with future negotiations conducted under the Statute. (b) Post at its facilities in Region II 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 authorized representative of the Respondent 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 material. (c) 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. Issued, Washington, D.C., March 28, 1985 Henry B. Frazier III, Acting Chairman William J. McGinnis, Jr., 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 refuse to bargain over ground rules proposed by the American Federation of Government Employees, AFL-CIO, Local 1760, our employees' exclusive representative, concerning the negotiation of the impact and implementation of the opening of a new Bronx Hearing Office and the relocation of the Syracuse Hearing Office. 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. WE WILL bargain in good faith with the American Federation of Government Employees, AFL-CIO, Local 1760, the exclusive representative of our employees, over ground rule proposals which may be submitted in connection with future negotiations conducted under the Statute. . . . (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 II, Federal Labor Relations Authority whose address is: 26 Federal Plaza, Room 24-102, New York, New York 10278 and those telephone number is: (212) 264-4934. --------------- FOOTNOTES$ --------------- /1/ The Respondent argued in its brief that the Union's ground rule proposals were both a change in its past practice of bargaining and an attempt to delay the implementation of the management-proposed change in conditions of employment. Neither position is supported by facts in the stipulated record. Therefore, the Authority concludes that it is unnecessary to respond to either argument.