Department of the Air Force, Griffiss Air Force Base and American Federation of Government Employees Local 2612 (Authority decision, August 29, 1984)

Final FLRA decision. This supplemental order follows a court remand in an unfair labor practice case. An aggrieved person may seek judicial review by filing a petition in an appropriate United States court of appeals within 60 days after issuance under 5 U.S.C. § 7123(a). Filing a petition does not stay the Authority's order unless the court orders a stay under 5 U.S.C. § 7123(c).

Plain-English summary

Griffiss Air Force Base offset current union dues allotments to recover earlier erroneous payments, leaving AFGE Local 2612 short of dues. The Authority had originally found no unfair labor practice, but a court set aside that result and held the recoupment inconsistent with the agency's dues remittance duty. In this supplemental order, the Authority accepted the court's ruling and ordered the base to reimburse the union for missing dues and post a notice. It dismissed the other allegations in the consolidated complaint. The outcome is mixed because the supplemental order sustains the dues violation but dismisses the remaining allegations.

Decision snapshot

• Authority: Dues allotment duty under 5 U.S.C. § 7115; violation under § 7116(a)(8).
• Outcome: Dues violation remedied through reimbursement and notice; remaining allegations dismissed.
• Key point: The base could not offset current dues allotments to recover earlier mistaken payments to the union.

Full text (FLRA public release)

[ 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.