[ v23 p304 ]
23:0304(38)CA
The decision of the Authority follows:
23 FLRA No. 38
U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
SOCIAL SECURITY ADMINISTRATION, FIELD
OPERATIONS, NEW YORK REGION
Respondent
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 2369
Charging Party
Case No. 2-CA-40376
DECISION AND ORDER
I. Statement of the Case
This unfair labor practice case is before the Authority on exceptions
filed by the Respondent to the attached Decision of the Administrative
Law Judge. The General Counsel filed an opposition to the exceptions.
The issue iw whether the Respondent, by basing disciplinary action
against an employee in part upon an earlier written reprimand, failed to
comply with an arbitrator's award, as required by section 7122(b) of the
Statute, /1/ and therefore has violated section 7116(a)(1) and (8) of
the Statute. /2/
II. Background and Judge's Conclusion
On August 10, 1982, employee Derrick Thomas was reprimanded for
improper conduct. The reprimand was grieved and processed to
arbitration. While the Arbitrator's decision was pending, the
Respondent proposed to and did suspend Thomas for a series of events
that occurred subsequent to the August 10, 1982 reprimand. The
suspension, characterized as "progressive discipline," was admittedly
based in part on the reprimand. On January 20, 1984, the Arbitrator
issued an award which provided that Thomas' reprimand was not for just
cause. He ordered that the reprimand be expunged from Thomas' personnel
file, and that the reprimand "not be used against (the) grievant in any
other proceeding." Explaining his award, the Arbitrator stated: "The
reprimand has apparently already been removed from grievant's . . .
(f)ile . . . and the Official Personnel Folder by passage of time;
however, the matter is not mooted thereby inasmuch as there was evidence
that grievant had this reprimand used against him in another subsequent
disciplinary proceeding to demonstrate progressive discipline. . . . I
will award . . . that it is not only to be expunged from grievant's
record but may not be used against him in any fashion." No exceptions to
the award were filed with the Authority. Following unsuccessful
attempts by the Union to persuade the Respondent to rescind the
suspension of Thomas in light of the Arbitrator's award, the charge that
led to this complaint was filed.
The Judge, noting that the Arbitrator's award became final and
binding when no exceptions were filed, found that the Respondent
violated section 7116(a)(1) and (8) of the Statute by failing to comply
with the award. The Judge found that all references to an August 5,
1982 incident involved in Thomas' August 10, 1982 reprimand had been
expunged from Thomas' personnel file, and that the only issue is whether
the Arbitrator's award requires the Respondent to rescind Thomas'
January 17, 1983 suspension. He further found that one of the admitted
reasons relied upon for Thomas' suspension was the reprimand, and that
Thomas would not have been suspended but for that reliance. Citing U.S.
Army Health Clinic, Fort Ritchie, Maryland, 9 FLRA 935 (1982), the Judge
ordered the Respondent to comply with the Arbitrator's award by removing
all references to the August 5, 1982 incident from Thomas' personnel
file and from all formal disciplinary actions thereafter taken by the
Respondent against Thomas. The Judge also ordered the Respondent to
revise such actions to the extent required by law and regulation, and to
rescind the January 17, 1983 suspension.
III. Positions of the Parties
In its exceptions, the Respondent argues that the Judge erred because
the Respondent had removed from Thomas' personnel file all references to
the August 5, 1982 incident and had thus complied with the Arbitrator's
award. As the suspension was based also on other reasons, it argues
that it did not violate the Arbitrator's award. Further, the Respondent
argues that the Judge's reliance on Fort Ritchie is misplaced, as in
that case rescission was not ordered. Finally, the Respondent contends
that the Judge's recommended Order is "vague, incomplete, and fatally
deficient" because it orders rescission without back pay. In its
opposition to the exceptions, the General Counsel argues in support of
the Judge's findings and argues that back pay is not only lawful, but is
inherent in and thus required by the Judge's recommended order to
rescind the suspension.
IV. Analysis
The Arbitrator's award states that Thomas' reprimand " . . . may not
be used against grievant in any other proceeding" and " . . . it may not
be used against him in any fashion." The Respondent acknowledges that
the reprimand was one of the reasons for the suspension in question. We
thus agree with the Judge that the Respondent unlawfully failed to honor
the Arbitrator's award and thereby violated section 7116(a)(1) and (8)
of the Statute. We do not find, however, that compliance with the award
requires the Respondent to rescind Thomas' suspension. Rather, we find
that, as the Arbitrator's award requires that the reprimand not be used
against Thomas in any other proceeding, the Respondent must, in order to
comply with that award, take the following action. The Respondent must
remove all references to the August 5, 1982 reprimand incident in any
disciplinary action taken against Thomas, including the January 17, 1983
notice of suspension. Further, the January 17, 1983 suspension itself
must be reconsidered, having first removed all reference to or reliance
on the reprimand. If, upon such reconsideration, the Respondent
concludes that the suspension should stand despite the "progressive
discipline" reference in Thomas' suspension notice and the requirements
of the parties' negotiated agreement, law and/or regulation, it may
reaffirm the suspension. See Fort Ritchie. We shall thus modify the
Judge's Order accordingly.
V. Conclusion
Pursuant to section 2423.29 of the Authority's Rules and Regulations
and section 7118 of the Statute, the Authority has reviewed the rulings
of the Judge made at the hearing, finds that no prejudicial error was
committed, and affirms those rulings. The Authority has considered the
Judge's Decision, the exceptions to that Decision, the opposition to the
exceptions, the positions of the parties, and the entire record, and
adopts the Judge's findings, conclusions, and recommended Order as
modified. /3/ We conclude that the Respondent, by basing disciplinary
action against employee Derrick Thomas in part upon an earlier written
reprimand which the Arbitrator had ordered be removed from the
employee's record and not be used against him in any other proceeding,
failed to comply with the Arbitrator's award, and that such action
constituted a violation of section 7116(a)(1) and (8) of the Statute.
ORDER
Pursuant to section 2423.29 of the Federal Labor Relations
Authority's Rules and Regulations and section 7118 of the Federal
Service Labor-Management Relations Statute, it is hereby ordered that
the U.S. Department of Health and Human Services, Social Security
Administration, Field Operations, New York Region shall:
1. Cease and desist from:
(a) Failing or refusing to comply with the January 20, 1984 final
award of Arbitrator Jonas Aarons.
(b) Relying on the August 5, 1982 incident involving Derrick Thomas
as a basis for imposing progressively severer penalties for other
offenses in formal disciplinary actions.
(c) 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) Comply with the January 20, 1984 final award of Arbitrator Jonas
Aarons.
(b) Remove all references to the August 5, 1982 incident that led to
the reprimand of Derrick Thomas from his personnel file and from all
formal disciplinary actions taken against him, including the January 17,
1983 notice of proposed suspension; reconsider the January 17, 1983
suspension, having first removed all reference to or reliance on the
reprimand; and take appropriate action as required by the parties'
negotiated agreement, by law and/or regulation.
(c) Post at its facilities throughout the Respondent's New York
Region 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 a responsible official 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 ensure that such Notices are not altered, defaced, or covered
by any other material.
(d) 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.
Issued, Washington, D.C., August 19, 1986.
/s/ Jerry L. Calhoun
Jerry L. Calhoun, Chairman
/s/ Henry B. Frazier III
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 or refuse to comply with the January 20, 1984 final
award of Arbitrator Jonas Aarons.
WE WILL NOT rely on the August 5, 1982 incident involving Derrick
Thomas as a basis for imposing progressively severer penalties for other
offenses in formal disciplinary actions.
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 comply with the January 20, 1984 final award of Arbitrator
Jonas Aarons.
WE WILL remove all references to the August 5, 1982 incident that led
to the reprimand of Derrick Thomas from his personnel file and from all
formal disciplinary actions taken against him, including the January 17,
1983 notice of proposed suspension; reconsider the January 17, 1983
suspension, having first removed all reference to or reliance on the
reprimand; and take appropriate action as required by the parties'
negotiated agreement, by law and/or regulation.
. . . (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 its provisions, they may communicate directly with the Regional
Director, Region II, Federal Labor Relations Authority, whose address
is: 26 Federal Plaza, Room 3700, New York, New York 10278, and whose
telephone number is: (212) 264-4934.
-------------------- ALJ$ DECISION FOLLOWS --------------------
Case No. 2-CA-40376
U.S. DEPARTMENT OF HEALTH AND
HUMAN SERVICES, SOCIAL SECURITY
ADMINISTRATION, FIELD OPERATIONS,
NEW YORK REGION
Respondent
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 2369
Charging Party
Thomqs H. Gabriel, Esquire
For the Respondent
Joseph Calafut
For the Charging Party
Allan W. Stadtmauer, Esquire
For the General Counsel, FLRA
Before: SAMUEL A. CHAITOVITZ
Administrative Law Judge
DECISION
Statement of the Case
This is a proceeding under the Federal Service Labor-Management
Relations Statute, Chapter 71 of Title 5 of the U.S. Code, 5 U.S.C.
Section 7101 et seq., 92 Stat. 1191 (hereinafter referred to as the
Statute) and the Rules and Regulations of the Federal Labor Relations
Authority (FLRA), 5 C.F.R. Chapter XIV, Section 2410 et seq.
An unfair labor practice charge was filed on June 15, 1984, and
amended on July 31, 1984, by the American Federation of Government
Employees, AFL-CIO, Local 2369, hereinafter called AFGE Local 2369, and
the Charging Party, alleging that the U.S. Department of Health and
Human Services, Social Security Administration, Field Operations, New
York Region, herein called Respondent, violated the Statute. Based upon
the foregoing, on July 27, 1984 the General Counsel of the FLRA, by the
Regional Director of Region II, issued a Complaint and Notice of Hearing
alleging that Respondent violated Section 7116(a)(1) and (8) of the
Statute by failing to comply with an arbitrator's award. Respondent
filed an Answer denying that it had violated the Statute.
A hearing was conducted before the undersigned in New York, New York.
Respondent, AFGE Local 2369 and General Counsel for the FLRA were
represented and afforded full opportunity to be heard, to examine and
cross-examine witnesses, to introduce evidence and to argue orally. The
parties entered into extensive stipulations of fact. Post hearing
briefs have been filed and have been considered.
Based upon the entire record in this matter and from my evaluation of
the evidence, I make the following:
Findings of Fact
At all times material to the matter, the American Federation of
Government Employees, AFL-CIO, (AFGE) has been the certified exclusive
representative of a consolidated nationwide unit of certain employees of
Respondent, including all employees employed in the District and Branch
Offices of the Social Security Administration in the states of New York
and New Jersey, excluding all management personnel, professional
employees, federal employees engaged in personnel work in other than a
purely clerical capacity, guards and supervisors. AFGE has delegated to
the National Council of SSA Field Operations Locals (Council) the
Authority to act as its representative for the purposes of collective
bargaining for certain of Respondent's employees at its Jersey City
Teleservice Center, New Jersey and the Respondent has recognized the
Council's delegation. During all times material herein, AFGE Local 2369
has acted as agent for the Council for the purposes of collective
bargaining for the employees, among others, at Respondent's Jersey City
Teleservice Center, New Jersey and Respondent has recognized this.
Labor-management relations between AFGE and the Respondent have been and
still are governed by a National Agreement which became effective on
June 11, 1984.
On or about August 10, 1982, Respondent gave Derrick Thomas, a unit
employee and an on-site union representative in the Jersey City
Teleservice Center, a written reprimand for improper conduct alleged to
have occurred on August 5, 1982 at his work site. On or about August
25, 1982 AFGE Local 2369 filed a grievance on Thomas' behalf regarding
the August 10th reprimand, and this grievance was processed to
arbitration pursuant to the parties' negotiated grievance procedure.
The arbitration was ultimately heard on December 27, 1983.
By letter dated November 24, 1982, and while the arbitrator's
decision was still pending on the August 10th reprimand, Respondent
issued a proposal to suspend Thomas for a series of events which
occurred prior thereto. The August 10th reprimand formed one of the
bases for the proposed suspension which was characterized by Respondent
as "progressive discipline." This procedure conformed with the parties'
negotiated agreement. Ultimately, by letter dated January 17, 1983,
Respondent suspended Thomas for two (2) days on February 8 and 9, 1983.
On March 24, 1983, while his arbitration on the August 10th reprimand
was still pending, Thomas chose to file an Equal Employment Opportunity
(EEO) complaint with the Respondent concerning his suspension; he was
represented by Charging Party. /4/ The EEO Complaint was processed
within Respondent and was dismissed on January 26, 1984. The issue of
Thomas' suspension was also brought to the attention of the Federal
Labor Relations Authority by a charge filed in Case No. 2-CA-30260,
alleging violations of Sections 7116(a)(2), (4), and (8) of the Statute.
The charge was dismissed on the basis that the suspension had nothing
to do with Thomas' function as a union representative.
On or about January 20, 1984, pursuant to the parties' negotiated
grievance and arbitration procedure, Arbitrator Jonas Aarons issued an
arbitration award in FMCS Case No. 83K/10557 relating to Thomas' August
10th written reprimand. The award provided:
There was not just cause for the reprimand issued to grievant
on August 10, 1982, and such reprimand shall be removed from
grievant's file, expunged completely, and may not be used against
grievant in any other proceeding.
In the penultimate paragraph of the opinion, which preceded the
award, the arbitrator set forth the reasons for fashioning the award as
he did. He stated:
The reprimand has apparently been removed from grievant's SF-7B
Extension File and the official Personnel Folder by the passage of
time; however, the matter is not mooted thereby inasmuch as there
was evidence that grievant had this reprimand used against him in
another subsequent disciplinary proceeding to demonstrate
progressive discipline. So that I will award hereinafter
regarding the reprimand involved here that it is not only to be
expunged from grievant's record but may not be used against him in
any fashion.
The only disciplinary action taken against Thomas subsequent to the
August 10, 1982 reprimand was his proposed suspension of November 24,
1982, effectuated January 17, 1983. There have been no other
disciplinary actions, at all, since November 24, 1982 proposed or taken.
By letter dated January 24, 1984, shortly after Arbitrator Aarons
issued his decision, AFGE Local 2369 requested that Respondent implement
the award by, among other things, withdrawing its January 17, 1983
decision to suspend Thomas. By letter dated February 2, 1984,
Respondent by its agent, Alex W. Bussey, SSA Assistant Regional
Commissioner for Field Operations, declined to accede to the request to
set aside the 2-day suspension. This letter states that there were
numerous incidents to justify Thomas' January 13th suspension but does
not enumerate what the incidents were.
On or about February 20, 1984, the arbitrator's award became final
and binding inasmuch as no exceptions had been filed by Respondent. On
February 28, 1984, the AFGE local 2369 filed an unfair labor practice
charge in Case No. 2-CA-40234. This charge, which alleged conduct
similar to the conduct in this matter, was resolved on May 7, 1984, by
means of a non-FLRA settlement which provided, inter alia, that "the
reprimand received by Derrick Thomas on August 10, 1982 was overturned
at the arbitration and will not be used by the Agency in any way to
justify Mr. Thomas' suspension."
On June 12, 1984, AFGE Local 2369 presented Case No. 021-084-X-0163
to the Equal Employment Opportunity Commission (EEOC) on behalf of
Thomas. It was an appeal of Respondent's unfavorable EEO decision
regarding his 2-day suspension. The hearing opened and closed on the
same day and written closing arguments and/or statements were made by
AFGE Local 2369 and Respondent on June 28, 1984 and July 6, 1984
respectively. During the course of the EEO hearing, the Respondent
elicited testimony from its own witness testified that the suspension
was not an EEO matter but rather was based, in part, upon Thomas' August
10, 1982 written reprimand and reflected the application of "progressive
discipline." In its Closing Statement, dated July 6, 1984, Respondent
remarked, inter alia, "We are certainly not using this matter against
Mr. Thomas in these proceedings but merely are articulating our sound
reasoning in arriving at the decision to suspend. At the time in
question we were administering progressive discipline, pure and simple."
At all times since the arbitrator's award was issued on January 20,
1984 and became final and binding on February 20, 1984, the January 17,
1983 suspension of Derrick Thomas has not been reversed and continues to
remain in Thomas' permanent personnel record.
Discussion and Conclusions
Section 7122(a) of the Statute provides that exceptions to an
arbitrator's award may be filed by either party to the arbitration.
Section 7122(b) provides that "(1) if no exception . . . is filed under
subsection (a) . . . during the 30 day period beginning on the dated of
such award, the award shall be final and binding." Section 7122(b)
provides that an agency must take the actions required by an
arbitrator's award once that award has become final and binding, and
defines a final and binding arbitrator's award as one to which no
exceptions have been filed during the 30 day period following the
service date of such award. Accordingly, where no timely exceptions to
an arbitrator's award have been filed under Section 7122(a) of the
Statute, an agency's subsequent failure or refusal to implement the
award has been found to constitute a violation of Section 7116(a)(1) and
(8) of the Statute. U.S. Soldiers' and Airmen's Home, Washington, D.C.,
15 FLRA No. 26 (1984). See also U.S. Army Health Clinic, Fort Ritchie,
Maryland, 9 FLRA 935 (1982); United States Marshals Service, 13 FLRA
351 (1983).
Respondent, not having filed exceptions to the arbitrator's award was
obliged on or about February 20, 1984, to comply with the award. To the
extent the award required that all references to Thomas' reprimand be
removed and expunged from Thomas' files and records, the award has been
complied with. The sole issue remaining is whether the award requires
Respondent to rescind Thomas' suspension. The arbitrator, in finding
the reprimand was not justified, noted, in fashioning a remedy, that the
matter was not moot because there was evidence that the grievant had the
reprimand used against him in another subsequent disciplinary proceeding
to demonstrate progressive discipline. Accordingly, the arbitrator
stated that the reprimand must not only be "expunged from grievant's
record but may not be used against him in any fashion." Since the only
discipline Thomas received subsequent to the reprimand was the
suspension, this must have been the subject of the arbitrator's
reference.
I conclude that the case is controlled by the FLRA's decision in U.S.
Army Health Clinic, Fort Ritchie, Maryland, 9 FLRA No. 935 (1982) where
in almost an identical situation the FLRA concluded that such an award
by an arbitrator /3/ to be meaningful did require the recision of the
suspension. It is clear, in the subject case that Respondent relied
upon Thomas' reprimand in deciding to suspend him. It was part of the
"progressive discipline." Respondent confirmed this in its testimony
before in the EEO hearing. Thus the arbitrator's award clearly
required, in the subject case, the recision of the suspension.
Bussey's response that Thomas even absent the reprimand, because
Thomas had engaged in "numerous incidents of insubordination" is totally
unsupported. I conclude this letter does not, in the absence of any
evidence of misconduct by Thomas, other than the reprimand incident and
the incident that immediately precipitated the suspension, rebut the
fact that Thomas suspension was based in part upon the reprimand and,
absent the reprimand, because of its principal of "progressive
discipline," Thomas would not have been suspended. U.S. Army Health
Clinic, Fort Ritchie, Maryland, supra.
Accordingly, I conclude Respondent violated Section 7116(a)(1) and
(8) of the Statute by failing to comply with the Arbitrator's award.
Based on the foregoing it is recommended that the Authority issue the
following Order:
ORDER
Pursuant to section 2423.29 of the Federal Labor Relations
Authority's Rules and Regulations and section 7118 of the Statute, it is
hereby ordered that the U.S. Department of Health shall:
1. Cease and desist from:
(a) Failing or refusing to comply with the January 20, 1984
final award of Arbitrator Jonas Aaron or with any arbitrator's
final award issued pursuant to the Federal Service
Labor-Management Relations Statute.
(b) Relying on August 5, 1982 incident involving Derrick Thomas
as the basis for imposing progressively severer penalties for
other offenses in formal disciplinary actions.
(c) In any like or related manner failing or refusing to comply
with any provision of the Federal Service Labor-Management
Relations Statute.
(d) In any like or related manner interfering with,
restraining, or coercing employees for the exercise of any right
under the Federal Service Labor-Management Relations Statute.
2. Take the following affirmative action in order to effectuate the
purposes and policies of the Statute:
(a) Comply with the January 20, 1984 final award of Arbitrator
Jonas Aaron and any other arbitrator's final award issued pursuant
to the Federal Service Labor-Management Relations Statute.
(b) Revoke, rescind, and remove all references to the August 5,
1982 incident involving Derrick Thomas personnel file and from all
formal disciplinary actions taken against Derrick Thomas including
the January 17, 1983 notice of proposed suspension and revise such
actions accordingly to the extent required by law and regulations,
including rescinding the January 17, 1983 suspension.
(c) Post at its Jersey City Teleservice Center facilities
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 a responsible official of U.S. Department
of Health and Human Services, Social Security Administration,
Field Operations, New York Region, and shall be posted and
maintained by him for 60 consecutive days thereafter, in
conspicuous places, including all bulletin boards and other places
were notices to employees are customarily posted. The Official
shall take reasonable steps to insure that such Notices are not
altered, defaced, or covered by any other material.
/s/ Samuel A. Chaitovitz
SAMUEL A. CHAITOVITZ
Administrative Law Judges
Dated: September 12, 1985
Washington, D.C.
--------------- FOOTNOTES$ ---------------
(1) Section 7122(b) provides:
Section 7122. Exceptions to arbitral awards
(b) If no exception to an arbitrator's award is filed under
subsection (a) of this section during the 30-day period beginning
on the date the award is served on the party, the award shall be
final and binding. An agency shall take the actions required by
an arbitrator's final award. The award may include the payment of
backpay (as provided in section 5596 of this title).
(2) Section 7116(a)(1) and (8) provides:
Section 7116. Unfair Labor practices
(a) For the purpose of this chapter, it shall be an unfair
labor practice for an agency --
(1) to interfere with, restrain, or coerce any employee in the
exercise by the employee of any right under this chapter;
. . . . . . .
(8) to otherwise fail or refuse to comply with any provision of
this chapter(.)
(3) Paragraphs 1(a), 1(c) and 2(a) of the Judge's recommended Order
also have been modified because we find portions of those paragraphs to
be unnecessarily broad; they extend well beyond the circumstances of
this case.
(4) Article 18, Section 5, paragraph B, of the agreement, pertaining
to Equal Employment Opportunity, provides as follows:
An employee has the option of filing a complaint under the
negotiated Grievance Procedure (Article 24), or under the agency
EEO complaint procedure, but not both. EEO counselors will
provide an inquiring employee a written description of both
procedures.
(5) The Arbitrator's award in the U.S. Army Health Clinic, Fort
Ritchie Maryland, supra, did not even mention the intervening
suspension.
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 January 20, 1984 final
award of Arbitrator Jonas Aaron or with any arbitrator's final award
issued pursuant to the Federal Service Labor-Management Relations
Statute.
WE WILL NOT rely on August 5, 1982 incident involving Derrick Thomas
as the basis for imposing progressively severer penalties for other
offenses in formal disciplinary actions.
WE WILL NOT in any like or related manner fail or refuse to comply
with any provision of the Federal Service Labor-Management Relations
Statute.
WE WILL NOT in any like or related manner, interfere with, restrain,
or coerce employees in the exercise of any rights assured under the
Federal Service Labor-Management Relations Statute.
WE WILL comply with the January 20, 1984 final award of Arbitrator
Jonas Aaron and any other arbitrator's final award issued pursuant to
the Federal Service Labor-Management Relations Statute.
WE WILL revoke, rescind, and remove all references to the August 5,
1982 incident involving Derrick Thomas personnel file and from all
formal disciplinary actions taken against Derrick Thomas including the
January 17, 1983 notice of proposed suspension and revise such actions
accordingly to the extent required by law and regulations, including
rescinding the January 17, 1983 suspension.
... (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 2237, New York, New York 10278
and whose telephone number is: (212) 264-4934.