U.S. Department of Health and Human Services, Public Health Service and Centers for Disease Control, Appalachian Laboratory for Occupational Safety and Health and American Federation of Government Employees, Local 3430 (Authority decision, March 19, 1992)

Final FLRA decision. This order disposes of a joint motion to revise an employee notice in an already final unfair labor practice case. The earlier remedy remains in force. Under 5 U.S.C. § 7123(a), an aggrieved person may seek judicial review of a covered final Authority order within 60 days of issuance. Filing a petition does not stay the order unless a court orders a stay under 5 U.S.C. § 7123(c).

Plain-English summary

The Authority had previously found that the Public Health Service violated federal labor law by disapproving a negotiated smoking-area provision and directing the closure of designated areas at a NIOSH facility in Morgantown. Its remedy required rescission of the disapproval, reinstatement of the designated areas, and an employee notice. After the parties negotiated a memorandum settling outstanding remedial actions, they jointly asked the Authority to revise that notice. The Authority denied the motion because the parties did not explain how revising the published notice would further the labor statute's purposes. The earlier order and notice therefore remained in place.

Decision snapshot

• Authority: Earlier unfair labor practice finding under 5 U.S.C. § 7116(a)(1) and (5).
• Outcome: Joint motion to revise the employee notice denied.
• Key point: The parties gave no reason why changing the Authority's published notice would further the statute's purposes.

Full text (FLRA public release)

[ v44 p480 ]
44:0480(40)CA

The decision of the Authority follows:

44 FLRA No. 40

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF HEALTH AND HUMAN
SERVICES

PUBLIC HEALTH SERVICE AND CENTERS FOR DISEASE
CONTROL

NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND
HEALTH

APPALACHIAN LABORATORY FOR OCCUPATIONAL SAFETY AND HEALTH

(Respondents)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

LOCAL 3430, AFL-CIO

(Charging Party/Union)

3-CA-00190

3-CA-00409

3-CA-00410

3-CA-00411

39 FLRA 1306 (1991)

40 FLRA 283 (1991)

43 FLRA 1394 (1992)

ORDER DENYING JOINT MOTION TO REVISE NOTICE TO ALL EMPLOYEES

March 19, 1992

Before Chairman McKee and Members Talkin and
Armendariz.

The Authority's final decision and order in the above consolidated cases was issued on March 22, 1991 (39 FLRA 1306). Reconsideration was subsequently denied on April 19, 1991 (40 FLRA 283) and on February 5, 1992 (43 FLRA 1394). In its decision and order the Authority held that Respondent Public Health Service (PHS) violated section 7116(a)(1) and (5) of the Federal Service Labor-Management Relations Statute (Statute), 5 U.S.C. § 7116(a)(1) and (5), by disapproving a provision negotiated between the Appalachian Laboratory for Occupational Safety and Health, National Institute for Occupational Safety and Health (NIOSH) and the Union concerning the designation of smoking areas, which provision was substantially identical to proposals previously found by the Authority to be negotiable; and by directing Respondent Centers for Disease Control (CDC) to discontinue the designated smoking areas at the NIOSH, Morgantown, West Virginia facility.

As a remedy, the Authority ordered Respondent PHS to cease and desist from the unfair labor practices found, and to rescind its disapproval of the provision pertaining to designated smoking areas; reinstate the designated smoking areas at the Morgantown, West Virginia facility; and post copies of the attached Notice To All Employees on forms to be furnished by the Authority.

The parties have filed a joint motion that the Authority revise the Notice To All Employees in order to reflect the language of the parties' Memorandum of Understanding recently negotiated in full settlement of all outstanding remedial actions required of Respondent PHS by the Authority's decision and order. The stated ground for the parties' joint motion is "in order to effectuate the purposes and policies of the Statute."

Based upon full consideration of the parties' joint motion and the entire record in this case, and the absence of any indication why the Authority's revision of its previously published Notice To All Employees would effectuate the purposes and policies of the Statute, the joint motion is denied.

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