Environmental Protection Agency (Respondent) and American Federation of Government Employees, Local 3331, AFL-CIO (Complainant) (Authority decision, March 7, 1980)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority. 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

EPA asked employees to report their current and anticipated union roles. An administrative law judge found the inquiry interfered with protected activity and recommended an unfair labor practice order. The Authority upheld that finding but agreed with EPA that the order should allow a valid request for an estimate of work time employees expected to spend on union duties. Its modified order barred demands to identify union roles, required a notice, and left room for legitimate time estimates.

Decision snapshot

• Authority: 5 U.S.C. § 7135(b); Executive Order 11491.
• Outcome: Unfair labor practice finding upheld; the judge's order modified to permit valid work time estimates.
• Key point: EPA could ask for a valid estimate of union work time, but could not require employees to identify their union roles.

Full text (FLRA public release)

[ v02 p791 ]

02:0791(102)CA

The decision of the Authority follows:

2 FLRA No. 102

ENVIRONMENTAL PROTECTION AGENCY
Respondent

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 3331, AFL-CIO
Complainant

Assistant Secretary
Case No. 22-09116(CA)

DECISION AND ORDER

ON OCTOBER 5, 1979, ADMINISTRATIVE LAW JUDGE SAMUEL A. CHAITOVITZ
ISSUED HIS RECOMMENDED DECISION AND ORDER IN THE ABOVE-ENTITLED
PROCEEDING, FINDING THAT THE RESPONDENT HAD COMMITTED AN UNFAIR LABOR
PRACTICE AND RECOMMENDING THAT IT CEASE AND DESIST THEREFROM AND TAKE
CERTAIN AFFIRMATIVE ACTIONS AS SET FORTH IN THE ATTACHED JUDGE'S
RECOMMENDED DECISION AND ORDER. THEREAFTER, RESPONDENT FILED EXCEPTIONS
TO THE RECOMMENDED DECISION AND ORDER.

THE FUNCTIONS OF THE ASSISTANT SECRETARY OF LABOR FOR
LABOR-MANAGEMENT RELATIONS, UNDER EXECUTIVE ORDER 11491, AS AMENDED,
WERE TRANSFERRED TO THE AUTHORITY UNDER SEC. 304 OF REORGANIZATION PLAN
NO. 2 OF 1978 (43 F.R. 36040), WHICH TRANSFER OF FUNCTIONS IS
IMPLEMENTED BY SEC. 2400.2 OF THE AUTHORITY'S RULES AND REGULATIONS (45
F.R. 3482, JANUARY 17, 1980). THE AUTHORITY CONTINUES TO BE RESPONSIBLE
FOR THE PERFORMANCE OF THESE FUNCTIONS AS PROVIDED IN SEC. 7135(B) OF
THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (92 STAT. 1215).

THEREFORE, PURSUANT TO SEC. 2400.2 OF THE AUTHORITY'S RULES AND
REGULATIONS AND SEC. 7135(B) OF THE STATUTE, THE AUTHORITY HAS REVIEWED
THE RULINGS OF THE ADMINISTRATIVE LAW JUDGE MADE AT THE HEARING AND
FINDS THAT NO PREJUDICIAL ERROR WAS COMMITTED. THE RULINGS ARE HEREBY
AFFIRMED. UPON CONSIDERATION OF THE ADMINISTRATIVE LAW JUDGE'S
RECOMMENDED DECISION AND ORDER AND THE ENTIRE RECORD IN THE SUBJECT
CASE, INCLUDING RESPONDENT'S EXCEPTIONS, THE AUTHORITY HEREBY ADOPTS THE
ADMINISTRATIVE LAW JUDGE'S FINDINGS, CONCLUSIONS AND RECOMMENDATION ONLY
TO THE EXTENT CONSISTENT HEREWITH.

RESPONDENT TAKES EXCEPTION TO THE ADMINISTRATIVE LAW JUDGE'S
RECOMMENDED ORDER BECAUSE IT DOES NOT INCLUDE A STATEMENT THAT
RESPONDENT MAY, FOR VALID REASONS, REQUEST AN EMPLOYEE TO ESTIMATE THE
AMOUNT OF WORK TIME HE ANTICIPATES SPENDING ON UNION ACTIVITIES. THE
AUTHORITY FINDS MERIT IN THIS EXCEPTION. THEREFORE, THE ADMINISTRATIVE
LAW JUDGE'S RECOMMENDED ORDER IS ADOPTED AS MODIFIED TO INCLUDE THE
ABOVE-MENTIONED STATEMENT.

IN TAKING EXCEPTION TO THE ADMINISTRATIVE LAW JUDGE'S RECOMMENDED
DECISION, RESPONDENT CITES THE FEDERAL LABOR RELATIONS COUNCIL'S
DECISION IN DEPARTMENT OF THE AIR FORCE, BASE PROCUREMENT OFFICE,
VANDENBERG AIR FORCE BASE, A/SLMR NO. 485, 4 FLRC 586 (FLRC NO. 75A-25,
1976), FOR THE PROPOSITION THAT INQUIRIES OF A UNION MEMBER AT LEAST AS
BROAD AS THOSE MADE BY RESPONDENT ARE NOT COERCIVE OR RESTRAINING. THE
COUNCIL DID NOT, HOWEVER, REACH THE ISSUE OF THE ALLEGED COERCIVE NATURE
OF THE INQUIRIES MADE IN THE VANDENBERG CASE. THE COUNCIL HELD THAT
EXECUTIVE ORDER 11491, AS AMENDED, PROTECTS AGAINST ACTIONS THAT
INFRINGE UPON THE EXERCISE OF RIGHTS CREATED BY THE ORDER WHILE THE
INQUIRIES IN THE VANDENBERG CASE ALLEGEDLY COERCED EMPLOYEES IN THE
EXERCISE OF RIGHTS CREATED ONLY BY A COLLECTIVE BARGAINING AGREEMENT.
/1/

ORDER

PURSUANT TO SEC. 2400.2 OF THE RULES AND REGULATIONS OF THE FEDERAL
LABOR RELATIONS AUTHORITY AND SEC. 7135 OF THE FEDERAL SERVICE
LABOR-MANAGEMENT RELATIONS STATUTE, THE AUTHORITY HEREBY ORDERS THAT THE
ENVIRONMENTAL PROTECTION AGENCY SHALL:

1. CEASE AND DESIST FROM:

(A) REQUESTING ITS EMPLOYEES TO REPORT THEIR PRESENT AND ANTICIPATED
ROLES, AS CONTRASTED WITH THE AMOUNT OF WORK TIME TO BE SPENT IN THE
ROLES, ASSUMED ON BEHALF OF AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
LOCAL 3331, AFL-CIO, OR ON BEHALF OF ANY OTHER LABOR ORGANIZATION.

(B) IN ANY LIKE OR RELATED MANNER INTERFERING WITH, RESTRAINING OR
COERCING EMPLOYEES IN THE EXERCISE OF RIGHTS ASSURED THEM BY THE
EXECUTIVE ORDER OR NOW AVAILABLE TO THEM UNDER THE CIVIL SERVICE REFORM
ACT.

2. TAKE THE FOLLOWING AFFIRMATIVE ACTION IN ORDER TO EFFECTUATE THE
   PURPOSES AND POLICIES OF THE ORDER.

(A) POST AT ITS FACILITY COPIES OF THE ATTACHED NOTICE MARKED
"APPENDIX" ON FORMS TO BE FURNISHED BY THE FEDERAL LABOR RELATIONS
AUTHORITY. UPON RECEIPT OF SUCH FORMS, THEY SHALL BE SIGNED BY THE
DIRECTOR OF THE ENVIRONMENTAL PROTECTION AGENCY AND SHALL BE POSTED AND
MAINTAINED BY HIM FOR 60 CONSECUTIVE DAYS THEREAFTER, IN CONSPICUOUS
PLACES, INCLUDING ALL BULLETIN BOARDS AND OTHER PLACES WHERE NOTICES TO
EMPLOYEES ARE CUSTOMARILY POSTED. THE DIRECTOR SHALL TAKE REASONABLE
STEPS TO INSURE THAT SUCH NOTICES ARE NOT ALTERED, DEFACED OR COVERED BY
OTHER MATERIAL.

(B) NOTIFY THE 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.

ISSUED, WASHINGTON, D.C., MARCH 7, 1980

RONALD W. HAUGHTON, CHAIRMAN

HENRY B. FRAZIER III, MEMBER

LEON B. APPLEWHAITE, MEMBER

FEDERAL LABOR RELATIONS AUTHORITY

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 CODES FEDERAL SERVICE LABOR-MANAGEMENT

RELATIONS WE HEREBY NOTIFY OUR EMPLOYEES THAT:

WE WILL NOT REQUEST EMPLOYEES TO REPORT THEIR PRESENT AND ANTICIPATED
ROLES, AS CONTRASTED WITH THE AMOUNT OF WORK TIME TO BE SPENT IN THE
ROLES, ASSUMED ON BEHALF OF AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
LOCAL 3331, AFL-CIO, OR ON BEHALF OF ANY OTHER LABOR ORGANIZATION.

WE WILL NOT IN ANY LIKE OR RELATED MANNER INTERFERE WITH, RESTRAIN,
OR COERCE OUR EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY
EXECUTIVE ORDER 11491, AS AMENDED.

(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 FOR THE FEDERAL LABOR RELATIONS AUTHORITY, WHOSE
ADDRESS IS: 1730 K STREET, NW., ROOM 401, WASHINGTON, D.C. 20006, AND
WHOSE TELEPHONE NUMBER IS (202) 653-7213.

NORVALD D. SETTLE, ESQ.

DEPUTY ASSOCIATE GENERAL COUNSEL

U.S. ENVIRONMENTAL PROTECTION AGENCY

401 M STREET, SW.

MAIL CODE A-134

WASHINGTON, D.C. 20460

FOR THE RESPONDENT

STUART A. KIRSCH

NATIONAL REPRESENTATIVE

AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, AFL-CIO

8020 NEW HAMPSHIRE AVENUE

LANGLEY PARK, MARYLAND 20783

FOR THE COMPLAINANT

BEFORE: SAMUEL A. CHAITOVITZ

ADMINISTRATIVE LAW JUDGE

RECOMMENDED DECISION AND ORDER

STATEMENT OF THE CASE

PURSUANT TO A COMPLAINT FILED ON JULY 17, 1978 AND AN AMENDED
COMPLAINT FILED ON OCTOBER 20, 1978 UNDER EXECUTIVE ORDER 11491, AS
AMENDED, (HEREINAFTER CALLED THE ORDER) BY AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, LOCAL 3331, AFL-CIO (HEREINAFTER CALLED
COMPLAINANT AND LOCAL 3331 AFGE) AGAINST THE ENVIRONMENTAL PROTECTION
AGENCY (HEREINAFTER CALLED RESPONDENT AND EPA) A NOTICE OF HEARING ON
COMPLAINT WAS ISSUED ON MAY 25, 1979 BY THE REGIONAL DIRECTOR,
WASHINGTON REGION, FEDERAL LABOR RELATIONS AUTHORITY.

BASICALLY THE NOTICE OF HEARING ON COMPLAINT SET FOR HEARING ONLY THE
ALLEGATION SET FORTH IN THE COMPLAINT THAT THE ACTIVITY VIOLATED SECTION
19(A)(1) OF THE ORDER "BY ITS ACTIONS DURING A DECEMBER 5, 1977 MEETING
WITH DR. DROGE AND BY ISSUING HIM A MEMORANDUM ON THE SAME DATE WHICH
REQUIRED HIM TO PROVIDE A 'COMPLETE STATUS REPORT OF HIS PRESENT AND
ANTICIPATED ROLES IN UNION ACTIVITIES'."

A HEARING WAS HELD BEFORE THE UNDERSIGNED IN WASHINGTON, D.C. BOTH
PARTIES WERE REPRESENTED AT THE HEARING AND WERE AFFORDED A FULL
OPPORTUNITY TO BE HEARD, TO ADDUCE EVIDENCE AND TO EXAMINE AND
CROSS-EXAMINE WITNESSES. BOTH PARTIES FILED BRIEFS, WHICH HAVE BEEN
DULY CONSIDERED BY THE UNDERSIGNED.

UPON THE ENTIRE RECORD IN THIS CASE, FROM MY OBSERVATION OF THE
WITNESSES AND THEIR DEMEANOR, AND FROM ALL THE TESTIMONY AND EVIDENCE
ADDUCED AT THE HEARING, I MAKE THE FOLLOWING FINDINGS, CONCLUSIONS AND
RECOMMENDATIONS:

FINDINGS OF FACT

1. AT ALL TIMES MATERIAL HEREIN LOCAL 3331 AFGE HAS BEEN THE
   COLLECTIVE BARGAINING REPRESENTATIVE FOR A UNIT OF RESPONDENT'S
   NONPROFESSIONAL EMPLOYEES.

2. ON DECEMBER 5, 1977 DR. JOHN H. DROGE WAS AN ECONOMIST EMPLOYED
   BY RESPONDENT AND WAS THE TREASURER OF LOCAL 3331 AFGE. IN THIS LATTER
   CAPACITY DR. DROGE SPENT SOME WORK TIME REPRESENTING UNIT EMPLOYEES.

3. DURING MAY 1977 DR. DROGE'S THEN SUPERVISOR, MR. SWEP DAVIS,
   ASKED DR. DROGE FOR AN ESTIMATE OF THE TIME HE PLANNED TO SPEND ON UNION
   ACTIVITIES SO THAT MR. DAVIS COULD PLAN "USE OF MY RESOURCES". DR.
   DROGE TOLD MR. DAVIS THAT HE, DR. DROGE, DID NOT FEEL HE WAS REQUIRED TO
   SUPPLY THE REQUESTED INFORMATION, BUT HE DID COMPLY WITH THE REQUEST AND
   SUPPLIED THE ESTIMATE OF TIME.

4. SUBSEQUENT TO MAY 1977 MR. DAVID GIBBONS BECAME DR. DROGE'S
   SUPERVISOR AND WHEN DR. DROGE LEFT WORK ON LOCAL 3331 AFGE BUSINESS HE
   LEFT A "BUCK SLIP" WITH MR. GIBBONS' SECRETARY SETTING FORTH THE NUMBER
   OF HOURS SPENT ON UNION BUSINESS.

5. ON DECEMBER 5, 1977 MR. GIBBONS ASKED DR. DROGE FOR AN ESTIMATE
   OF THE AMOUNT OF TIME DR. DROGE ANTICIPATED SPENDING ON LOCAL 3331 AFGE
   ACTIVITIES. MR. GIBBONS EXPLAINED THAT HE NEED THIS INFORMATION SO
   THAT HE COULD PLAN AND EVEN OUT HIS STAFF'S WORKLOAD. DR. DROGE ASKED
   MR. GIBBONS TO PUT THE REQUEST IN WRITING.

6. LATER IN THE MORNING OF DECEMBER 5, 1977 DR. DROGE RECEIVED A
   MEMORANDUM FROM MR. GIBBONS. THE MEMORANDUM WAS ENTITLED "SUBJECT:
   UNION ACTIVITIES". THE MEMORANDUM STATED:

I REALIZE THAT AS A UNION OFFICIAL YOU SPEND SOME OF YOUR WORK DAY ON
UNION

BUSINESS. WHILE I SUPPORT THIS EFFORT, AND HAVE NEVER QUESTIONED
YOUR INVOLVEMENT IN THESE

DUTIES, THE BRANCH IS ALSO RESPONSIBLE FOR PRODUCING A HIGH QUALITY
PRODUCT ON TIME. BY COB

WEDNESDAY PLEASE GIVE ME A COMPLETE STATUS REPORT OF YOUR PRESENT AND
ANTICIPATED ROLES IN

UNION ACTIVITIES. AS YOU KNOW I AM ALSO REQUIRED TO KEEP TRACK OF
TIME SPENT ON UNION

ACTIVITIES BY PARTICIPATING INDIVIDUALS. TO DATE I HAVE NEGLECTED
DOING THIS. THEREFORE,

PLEASE, IN THE FUTURE INDICATE TO ME WHEN YOU WILL BE OUT OF THE
OFFICE FOR UNION ACTIVITIES

DURING WORKING HOURS. NOTHING FORMAL NEEDS TO BE DONE, JUST A NOTE
ON A ROUTESLIP OR PIECE OF

PAPER TELLING ME WHEN YOU WILL BE AWAY AND FOR HOW LONG."

7. LATER ON DECEMBER 5, 1977 DR. DROGE RECEIVED ANOTHER MEMORANDUM
   FROM MR. GIBBONS EXPRESSING CONCERN OVER DR. DROGE'S WORK OUTPUT AND
   REQUIRING DR. DROGE TO SUBMIT A MEMORANDUM BY CLOSE OF BUSINESS
   WEDNESDAY (DECEMBER 7, 1977) WHICH SETS FORTH A REPORT ON EACH OF DR.
   DROGE'S WORK ASSIGNMENTS. THIS MEMORANDUM WAS ENTITLED "ONGOING
   PROJECTS".

8. ON DECEMBER 6, 1977 DR. DROGE DELIVERED A RESPONSE TO THE
   "ONGOING PROJECTS" MEMORANDUM INDICATING DISAGREEMENT WITH MANY OF THE
   ACCUSATIONS AND STATING THAT HE FELT THESE CRITICISMS WERE DUE IN PART
   TO HIS UNION ACTIVITIES.

9. ON DECEMBER 7 WHEN MR. GIBBONS ASKED FOR THE TWO WRITTEN
   RESPONSES TO THE DECEMBER 5 MEMORANDA. DR. DROGE REPLIED THAT HE DID
   NOT HAVE THEM BECAUSE OF CERTAIN OTHER UNION ACTIVITIES.

10. ON DECEMBER 8 DR. DROGE RECEIVED A MEMORANDUM FROM MR. GIBBONS
    EXPRESSING DISAPPOINTMENT THAT DR. DROGE HAD NOT SUBMITTED THE REQUIRED
    INFORMATION AND REQUESTING THAT THE REQUESTED INFORMATION BE SUBMITTED
    BY MEMORANDUM ON DECEMBER 12, SETTING FORTH WHY DR. DROGE HAD NOT DONE
    HIS ASSIGNMENTS, INCLUDING OTHER MEETINGS, PROJECTS OR ACTIVITIES IN
    WHICH HE WAS ENGAGED.

11. ON DECEMBER 12, 1977 DR. DROGE SUBMITTED A "RESPONSE TO YOUR
    MEMOS OF DECEMBER 5 AND 7, 1977" REFUSING TO PROVIDE A STATUS REPORT OF
    PRESENT AND ANTICIPATED "ROLES IN UNION ACTIVITIES" AND THAT IF MR.
    GIBBONS DESIRED A RECORD OF DR. DROGE'S UNION ACTIVITIES MR. GIBBONS HAD
    TO MAINTAIN SUCH A RECORD.

12. A MEETING WAS HELD ON DECEMBER 12, 1977. PRESENT WERE DR.
    DROGE, MR. GIBBONS, LOCAL 3331 AFGE PRESIDENT HAROLD DODSON, AND
    ASSOCIATE DEPUTY ASSISTANT ADMINISTRATOR ERICKSON. THEY DISCUSSED DR.
    DROGE'S WORK OUTPUT AND DR. DROGE ANTICIPATED THAT HE WOULD BE SPENDING
    RELATIVELY LITTLE TIME ON UNION MATTERS.

CONCLUSIONS OF LAW

ALTHOUGH THE RESPONDENT HAD A VALID INTEREST IN BEING ABLE TO PLAN
WORK ASSIGNMENTS AND WORKLOAD AND THUS MIGHT HAVE BEEN PRIVILEGED TO
INQUIRE AS TO THE AMOUNT OF WORK TIME DR. DROGE ANTICIPATED HE WOULD
SPEND ON UNION ACTIVITIES /2/ IT IS CONCLUDED THAT, ALTHOUGH IT MAY HAVE
BEEN MERELY INARTFUL WORDING, THE RESPONDENT VIOLATED SECTION 19(A)(1)
OF THE ORDER BY ITS "UNION ACTIVITIES" MEMORANDUM OF DECEMBER 5.
RESPONDENT HAD NO VALID INTEREST IN INQUIRING INTO DR. DROGE'S PRESENT
AND ANTICIPATED ROLE IN UNION ACTIVITIES. SUCH INQUIRY WAS TOO BROAD
AND EXCEEDED ANY VALID INTEREST RESPONDENT MIGHT HAVE HAD IN
APPORTIONING WORK ASSIGNMENTS. THE INQUIRY INTO SUCH A PRIVILEGED AREA,
WHERE THERE WAS NO VALID JUSTIFICATION, NECESSARILY WOULD INTERFERE
WITH, RESTRAIN AND COERCE AN EMPLOYEE IN THE EXERCISE OF PROTECTED
RIGHTS AND THEREFORE VIOLATED SECTION 19(A)(1) OF THE ORDER. /3/

RECOMMENDATION

HAVING FOUND THAT EPA HAS ENGAGED IN CONDUCT WHICH VIOLATES SECTION
19(A)(1) OF THE ORDER, I RECOMMEND THAT THE FEDERAL LABOR RELATIONS
AUTHORITY ADOPT THE FOLLOWING ORDER.

ORDER

PURSUANT TO SECTION 2400.2 OF THE RULES AND REGULATIONS OF THE
FEDERAL LABOR RELATIONS AUTHORITY AND SECTION 7135 OF THE FEDERAL
SERVICE LABOR-MANAGEMENT RELATIONS STATUTE, THE AUTHORITY HEREBY ORDERS
THAT THE ENVIRONMENTAL PROTECTION AGENCY SHALL:

1. CEASE AND DESIST FROM:

(A) REQUESTING STATUS REPORTS OF PRESENT AND ANTICIPATED ROLES OF ITS
EMPLOYEES ON BEHALF OF AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
LOCAL 3331, AFL-CIO OR ON BEHALF OF ANY OTHER LABOR ORGANIZATION.

(B) IN ANY LIKE OR RELATED MANNER INTERFERING WITH, RESTRAINING OR
COERCING EMPLOYEES IN THE EXERCISE OF RIGHTS ASSURED THEM BY THE
EXECUTIVE ORDER OR NOW AVAILABLE TO THEM UNDER THE CIVIL SERVICE REFORM
ACT.

2. TAKE THE FOLLOWING AFFIRMATIVE ACTION IN ORDER TO EFFECTUATE THE
   PURPOSES AND PROVISIONS OF EXECUTIVE ORDER 11491, AS AMENDED,

(A) POST AT ITS FACILITY COPIES OF THE ATTACHED NOTICE MARKED
"APPENDIX" ON FORMS TO BE FURNISHED BY THE FEDERAL LABOR RELATIONS
AUTHORITY. UPON RECEIPT OF SUCH FORM, IT SHALL BE SIGNED AND DATED BY
THE DIRECTOR OF THE ENVIRONMENTAL PROTECTION AGENCY AND SHALL BE POSTED
AND MAINTAINED BY HIM FOR (60) CONSECUTIVE DAYS THEREAFTER, IN
CONSPICUOUS PLACES, INCLUDING ALL BULLETIN BOARDS AND OTHER PLACES WHERE
NOTICES TO EMPLOYEES ARE CUSTOMARILY POSTED. THE DIRECTOR SHALL TAKE
REASONABLE STEPS TO INSURE THAT SUCH NOTICES ARE NOT ALTERED, DEFACED OR
COVERED BY ANY OTHER MATERIAL.

(B) NOTIFY THE FEDERAL LABOR RELATIONS AUTHORITY IN WRITING, WITHIN
THIRTY (30) DAYS FROM THE DATE OF THIS ORDER AS TO WHAT STEPS HAVE BEEN
TAKEN TO COMPLY HEREWITH.

SAMUEL A. CHAITOVITZ

ADMINISTRATIVE LAW JUDGE

DATED: OCTOBER 5, 1979

WASHINGTON, D.C.

APPENDIX

NOTICE TO ALL EMPLOYEES 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

CODES FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS WE

HEREBY NOTIFY 0UR EMPLOYEES THAT:

WE WILL NOT REQUEST STATUS REPORTS OF PRESENT AND ANTICIPATED ROLES
OF EMPLOYEES ON BEHALF OF AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
LOCAL 3331, AFL-CIO OR ON BEHALF OF ANY OTHER LABOR ORGANIZATION.

WE WILL NOT IN ANY LIKE OR RELATED MANNER INTERFERE WITH, RESTRAIN,
OR COERCE OUR EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY
EXECUTIVE ORDER 11491, AS AMENDED.

(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 FOR THE FEDERAL LABOR RELATIONS AUTHORITY, WHOSE
ADDRESS IS: ROOM 443, 1730 K STREET, N.W., WASHINGTON, D.C. 20006.

/1/ IN CONFORMITY WITH SEC. 902(B) OF THE CIVIL SERVICE REFORM ACT OF
1978 (92 STAT. 1224), THE PRESENT CASE IS DECIDED SOLELY ON THE BASIS OF
E.O. 11491, AS AMENDED, AND AS IF THE NEW FEDERAL SERVICE
LABOR-MANAGEMENT RELATIONS STATUTE (92 STAT. 1191) HAD NOT BEEN ENACTED.
THE DECISION AND ORDER DOES NOT PREJUDGE IN ANY MANNER EITHER THE
MEANING OR APPLICATION OF RELATED PROVISIONS IN THE NEW STATUTE OR THE
RESULT WHICH WOULD BE REACHED BY THE AUTHORITY IF THE CASE HAD ARISEN
UNDER THE STATUTE RATHER THAN THE EXECUTIVE ORDER.

/2/ DEPARTMENT OF THE AIR FORCE, VANDENBERG AIR FORCE BASE, A/SLMR
NO. 485, FLRC NO. 75A-25 (NOVEMBER 19, 1976).

/3/ CF. IRS, DETROIT DATA CENTER, A/SLMR NO. 862.