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49 FLRA No. 68

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

DEFENSE DISTRIBUTION REGION CENTRAL

F/K/A DEFENSE DEPOT MEMPHIS

MEMPHIS, TENNESSEE

(Respondent)

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 2501

(Charging Party)

4-CA-10781

_____

DECISION AND ORDER

April 15, 1994

_____

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 manner in which it selected volunteers for details without providing the Charging Party with notice of and an opportunity to bargain over the substance and impact and implementation of the change. The Respondent filed exceptions to the Judge's decision. The General Counsel filed an opposition to the Respondent's exceptions.

Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Statute, we have reviewed the rulings that the Judge made at the hearing and find that no prejudicial error was committed. We affirm those rulings. We note that the Respondent's exceptions dispute the Judge's credibility findings. The demeanor of witnesses is an important factor in resolving issues of credibility and only the Judge has had the benefit of observing the witnesses while they testified. We will not overrule a judge's credibility determination unless a clear preponderance of all relevant evidence demonstrates that the determination was incorrect. We have examined the record and find no basis for reversing the Judge's credibility findings. See Department of Housing and Urban Development, Region X, Seattle, Washington, 41 FLRA 363, 364 (1991).

Upon consideration of the Judge's decision, the exceptions, the opposition, and the entire record, we adopt the Judge's findings, conclusions, and recommended Order, as modified below.^(*)

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 Defense Distribution Region Central, F/K/A Defense Depot Memphis, Memphis, Tennessee shall:

l. Cease and desist from:

(a) Unilaterally changing the manner in which volunteers are selected for details without first providing the American Federation of Government Employees, Local 2501, the exclusive representative of certain of its employees, with notice of and an opportunity to bargain over the change.

(b) 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 action in order to effectuate the purposes and policies of the Federal Service Labor-Management Relations Statute:

(a) Upon the request of the American Federation of Government Employees, Local 2501, AFL-CIO, the exclusive representative of certain of its employees, rescind the change in the manner in which volunteers are selected for details and reinstitute the past practice of selecting volunteers for details on the basis of their respective seniority.

(b) Notify the American Federation of Government Employees, Local 2501, the exclusive representative of certain of its employees, in advance of any intended changes in the manner in which volunteers are selected for details and, upon request, negotiate on the decision to effect such changes and its impact and implementation.

(c) Post at its facilities in Memphis, Tennessee 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 Commander of the Defense Distribution Region Central, F/K/A Defense Depot Memphis, Memphis, Tennessee 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, Atlanta 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.

NOTICE TO ALL EMPLOYEES

AS ORDERED BY THE FEDERAL LABOR RELATIONS AUTHORITY

AND TO EFFECTUATE THE POLICIES OF THE

FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE

WE NOTIFY OUR EMPLOYEES THAT:

WE WILL NOT unilaterally change the manner in which qualified volunteers are selected for details without first providing the American Federation of Government Employees, Local 2501, the exclusive representative of certain of our employees, with notice of and an opportunity to bargain over 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, upon request of the American Federation of Government Employees, Local 2501, the exclusive representative of certain of our employees, rescind the change in the manner in which qualified volunteers are selected for details and reinstitute the past practice of selecting volunteers for details on the basis of their respective seniority.

WE WILL notify the American Federation of Government Employees, Local 2501, the exclusive representative of certain of our employees, in advance of any intended changes in the manner in which volunteers are selected for details and, upon request, negotiate on the decision to effect such changes and its impact and implementation.

___________________________
(Activity)

Date:__________________ 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, Atlanta Regional Office, Federal Labor Relations Authority, whose address is: 1371 Peachtree Street, NE, Suite 122, Atlanta, GA 30309-3102 and whose telephone number is: (404) 347-2324.

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FOOTNOTES:
(If blank, the decision does not have footnotes.)
 

*/ The Judge inadvertently failed to provide in the recommended Order that the Respondent is required to notify the Charging Party in advance of any intended changes in the manner in which volunteers are selected for details and, upon request, negotiate over the changes. We have modified the recommended Order accordingly.

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