[ v42 p1267 ]
42:1267(87)CA
The decision of the Authority follows:
42 FLRA No. 87
Before Chairman McKee and Members Talkin and Armendariz.
I. Statement of the Case
The Administrative Law Judge issued the attached decision in the above-entitled proceeding, finding that the Respondent violated section 7116(a)(1) and (5) of the Federal Service Labor-Management Relations Statute (the Statute) by unilaterally changing the method of distributing leave and earnings statements to employees prior to completing negotiations with the Union over the change. The Respondent filed exceptions to the Judge's decision and the General Counsel filed an opposition to the exceptions.
Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Statute, we have reviewed the rulings of the Judge made at the hearing and find that no prejudicial error was committed. We affirm the rulings. Upon consideration of the Judge's decision and the entire record, we adopt the Judge's findings, conclusions and recommended Order.(*)
II. Order
Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Federal Service Labor-Management Relations Statute, the Davis-Monthan Air Force Base, Tucson, Arizona, shall:
1. Cease and desist from:
(a) Unilaterally changing the working conditions of bargaining unit employees by changing the method by which leave and earnings statements are distributed to employees, without first completing bargaining with the American Federation of Government Employees, Local 2924, AFL-CIO, the exclusive representative of its employees, over the substance and/or the impact and implementation of the change.
(b) Refusing to continue bargaining with the American Federation of Government Employees, Local 2924, AFL-CIO, over the manner in which leave and earnings statements will be distributed to all bargaining unit employees of Davis-Monthan Air Force Base.
(c) In any like or related manner, interfering with, restraining or coercing its 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 Federal Service Labor-Management Relations Statute:
(a) Rescind the May 21, 1990 and June 6, 1990, directives ordering distribution of leave and earnings Statements to bargaining unit employees at the worksite and restore the previously existing distribution procedure.
(b) Upon request, bargain with the American Federation of Government Employees, Local 2924, AFL-CIO, over the method by which leave and earnings statements are distributed to all bargaining unit employees at Davis-Monthan Air Force Base.
(c) Notify the American Federation of Government Employees, Local 2924, AFL-CIO, of any intended changes in the manner by which leave and earnings statements are distributed to employees and, upon request, bargain to completion over the substance and/or the impact and implementation of such change.
(d) Post at its Tucson, Arizona 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 the Commanding Officer, 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.
(e) Pursuant to section 2423.30 of the Authority's Rules and Regulations, notify the Los Angeles Sub-Regional Office, 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.
WE WILL NOT implement unilateral changes in the working conditions of bargaining unit employees by changing the method by which leave and earnings statements are distributed to bargaining unit employees, without first completing bargaining with the American Federation of Government Employees, Local 2924, AFL-CIO, the exclusive representative of our employees, over the substance and/or the impact and implementation of the change.
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 rescind the May 21, 1990 and June 6, 1990, directives ordering distribution of leave and earnings statements to bargaining unit employees at the worksite and restore the previously existing distribution procedure.
WE WILL notify the American Federation of Government Employees, Local 2924, AFL-CIO, in advance of any contemplated change concerning the distribution of employees' leave and earnings statements and, upon request, bargain to completion over the substance and/or the impact and implementation of such change.
(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 Los Angeles Regional Office, Federal Labor Relations Authority, Los Angeles Sub-Regional Office, whose address is: 350 South Figueroa Street, Room 370, Los Angeles, CA 90071 and whose telephone number is: (213) 894-3805.
FOOTNOTES:
(If blank, the decision does not
have footnotes.)
*/ Member Armendariz agrees with the Judge's conclusion that the Respondent violated section 7116(a)(1) and (5) of the Statute and that the Union did not waive its right to bargain over the substance of the change in the method of delivering leave and earnings statements. However, Member Armendariz finds that the Judge's reliance on U.S. Department of Health and Human Services, Public Health Service, Indian Health Service, Indian Hospital, Rapid City, South Dakota, 37 FLRA 972 (1990) (Member Armendariz dissenting) is not necessary to support the conclusion that there was no showing that the Union clearly and unmistakably waived its right to bargain over the substance of the change in the circumstances of this case.