[ v15 p1032 ]
15:1032(188)CA
The decision of the Authority follows:
15 FLRA No. 188
DEPARTMENT OF THE AIR FORCE
GRIFFISS AIR FORCE BASE
ROME, NEW YORK
Respondent
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2612, AFL-CIO
Charging Party
Case Nos. 1-CA-384
1-CA-559
1-CA-588
SUPPLEMENTAL DECISION AND ORDER
On June 13, 1983, the Authority issued its Decision and Order in the
above-entitled proceeding in which it found that the Respondent had not
violated section 7116(a)(1), (5) and (8) of the Federal Service
Labor-Management Relations Statute (the Statute) /1/ when, inter alia,
it set off monies from current union dues allotment payments to correct
prior erroneous allotments from various employees. Department of the
Air Force, Griffiss Air Force Base, Rome, New York, 12 FLRA No. 50
(1983).
Thereafter, on July 13, 1984, the U.S. Court of Appeals for the
Second Circuit set aside and remanded the Authority's decision and held
that the Respondent's recoupment action was inconsistent with its
responsibility under section 7115 of the Statute /2/ and thereby
violated section 7116(a)(8) of the Statute. American Federation of
Government Employees, Local 2612 v. FLRA, No. 83-4145 (2nd Cir. July 13,
1984).
The Authority accepts the court's opinion as the law of the case and,
consistent with that opinion, shall issue the following remedial 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 Department of the Air Force, Griffiss Air Force Base, Rome, New
York, shall:
1. Cease and desist from:
(a) Refusing to comply with the provisions of section 7115 of the
Federal Service Labor-Management Relations Statute by failing to remit
the regular and periodic dues deducted from unit employees' salaries to
their exclusive representative.
2. Take the following affirmative action in order to effectuate the
purposes and policies of the Statute:
(a) Reimburse the exclusive representative, American Federation of
Government Employees, AFL-CIO, Local 2612, in an amount equal to the
regular and periodic dues it would have but did not receive as a result
of the unlawful refusal to honor unit employees' valid written
assignments for union dues allotments.
(b) Post at its facilities where employees in the bargaining unit are
located 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, or his designee, and shall be
posted and maintained for 60 consecutive days thereafter, in conspicuous
places, including bulletin boards and other places where notices to
employees are customarily posted. Reasonable steps shall be taken by
the Respondent to insure that such Notices are not altered, defaced, or
covered by any other material.
(c) Pursuant to section 2423.30 of the Authority's Rules and
Regulations, notify the Regional Director, Region I, 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 allegations of the
consolidated complaint be, and they hereby are, dismissed.
Issued, Washington, D.C., August 29, 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 SUPPLEMENTAL 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:
z WE WILL NOT refuse to comply with the provisions of section 7115 of
the Federal Service Labor-Management Relations Statute by failing to
remit the regular and periodic dues deducted from unit employees'
salaries to their exclusive representative.
WE WILL reimburse our employees' exclusive representative, American
Federation of Government Employees, AFL-CIO, Local 2612, in an amount
equal to the regular and periodic dues it would have but did not receive
as a result of the unlawful refusal to honor unit employees' valid
written assignments for union dues allotments.
(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 I, Federal Labor Relations Authority whose address is:
441 Stuart Street, 9th Floor, Boston, Massachusetts 02116, and whose
telephone number is: (617) 223-0920.
--------------- FOOTNOTES$ ---------------
/1/ Section 7116(a)(1), (5) and (8) provides:
Sec. 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;
. . . .
(5) to refuse to consult or negotiate in good faith with a
labor organization as required by this chapter;
. . . .
(8) to otherwise fail or refuse to comply with any provisions
of this chapter.
/2/ Section 7115(a) provides in pertinent part:
Sec. 7115. Allotments to representatives
(a) If an agency has received from an employee in an
appropriate unit a written assignment which authorizes the agency
to deduct from the pay of the employee amounts for the payment of
regular and periodic dues of the exclusive representative of the
unit, the agency shall honor the assignment and make an
appropriate allotment pursuant to the assignment.