U.S. Department of Housing and Urban Development and American Federation of Government Employees, Local 476 (Authority decision, December 20, 1991)

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

AFGE Local 476 requested crediting plans and bench marks for three HUD vacancy announcements after employees complained about not being selected. An administrative law judge found that HUD violated the federal labor statute by withholding the crediting plans, but found no violation concerning the bench marks. The Authority adopted those findings and rejected HUD's claim that the crediting plan request was moot because one employee's related arbitration had ended. Other employees had also complained, so the union could still need the plans to assess possible grievances. The Authority ordered HUD to provide the plans on request and post a notice, while dismissing the bench mark allegation.

Decision snapshot

• Authority: Unfair labor practice provisions under 5 U.S.C. § 7116(a)(1), (5), and (8).
• Outcome: Crediting plan violation upheld and disclosure ordered; bench mark allegation dismissed.
• Key point: Resolution of one employee's arbitration did not end the union's need for plans relevant to other employees' potential grievances.

Full text (FLRA public release)

[ v43 p748 ]
43:0748(60)CA

The decision of the Authority follows:

43 FLRA No. 60

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT

(Respondent)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

LOCAL 476, AFL-CIO

(Charging Party/Union)

3-CA-10256

DECISION AND ORDER

December 20, 1991

Before Chairman McKee and Members Talkin and
Armendariz.

I. Statement of the Case

This unfair labor practice case is before the Authority on exceptions to the attached decision of the Administrative Law Judge filed by the Respondent. No opposition was filed to the Respondent's exceptions.

The complaint alleged that Respondent violated section 7116(a)(1), (5), and (8) of the Federal Service Labor-Management Relations Statute (the Statute) when the Respondent failed and refused to furnish the Union with crediting plans and bench marks requested regarding three vacancy announcements in the Office of Public and Indian Housing. The Judge found that the Respondent did not violate the Statute with regard to the bench marks. The Judge further found that the Respondent violated section 7116(a)(1), (5), and (8) of the Statute by failing and refusing to make the crediting plans available to the Union.

Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Statute, we have reviewed the rulings of the Judge made at the hearing and find that no prejudicial error was committed. We affirm the rulings. Upon consideration of the Judge's decision, the Respondent's exceptions, and the entire record, we adopt the Judge's findings, conclusions, and recommended Order as modified.(*) See U.S. Department of Housing and Urban Development, 42 FLRA 1002 (1991) (the Authority adopted the administrative law judge's decision that the agency violated section 7116(a)(1), (5), and (8) of the Statute by refusing to provide the union with data, including a crediting plan, regarding a vacancy announcement); and U.S. Department of Justice, Bureau of Prisons, Allenwood Federal Prison Camp, Montgomery, Pennsylvania, 40 FLRA 449 (1991) (the Authority found that the agency violated section 7116(a)(1), (5), and (8) of the Statute by refusing to release a copy of a specific crediting plan to the union for a potential grievance), petition for review filed sub nom. U.S. Department of Justice, Bureau of Prisons, Allenwood Federal Prison Camp, Montgomery, Pennsylvania v. FLRA, No. 91-1293 (D.C. Cir. June 21, 1991).

The Respondent argues that the Judge erroneously ordered the Respondent to disclose the crediting plans for the vacancy announcements in question because the request is moot. The Respondent contends that the Union's request for the credibility plans is moot because an employee's case identified as being a basis for the Union's request "has now been decided by an arbitrator." Respondent's Exceptions at 11.

We reject the Respondent's contention that the Union's request is moot. The Judge found that "several unit employees complained to the Union about their non-selection" for the vacancies in question and that "[i]n such circumstances the Union would certainly need the crediting plans in order to determine the merits of the other employees' complaints." Judge's Decision at 2, 6. As the Judge found that several unit employees complained to the Union about their non-selection for the vacancies in question and as the Union may properly request necessary information regarding the merits of potential grievances, we conclude that the Union's request for the crediting plans is not moot. Accordingly, we will order the Respondent, upon request, to furnish the Union copies of the crediting plans requested by the Union in its letter dated October 22, 1990.

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 U.S. Department of Housing and Urban Development shall:

1. Cease and desist from:

(a) Failing and refusing to furnish the American Federation of Government Employees, Local 476, AFL-CIO, the exclusive representative of its unit employees at its Headquarters in Washington, D.C., the crediting plans requested by the Union in its letter dated October 22, 1990.

(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 request, furnish the American Federation of Government Employees, Local 476, AFL-CIO, copies of the crediting plans requested by the Union in its letter dated October 22, 1990.

(b) Post at its facilities in Washington, D.C., 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 Director of the Employee Classification Division, Washington, D.C. 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 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, Washington Region, Federal Labor Relations Authority, in writing, within 30 days from the date of this Order, as to what steps have been taken to comply.

The portion of the complaint alleging that the Respondent violated the Statute by failing and refusing to provide the Union with copies of the requested bench marks is dismissed.

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 fail or refuse to furnish the American Federation

of Government Employees, Local 476, AFL-CIO, the exclusive representative of our unit employees at our Headquarters Office in Washington, D.C., the crediting plans requested by the Union in its letter dated October 22, 1990.

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, furnish the American Federation of Government Employees, Local 476, AFL-CIO, copies of the data requested by the Union in its letter dated October 22, 1990.

_____
(Activity)

Dated:___ 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 any of its provisions, they may communicate directly with the Regional Director of the Federal Labor Relations Authority, Washington Region, whose address is: 1111 - 18th Street, NW, 7th Floor, P.O. Box 33758, Washington, D.C. 20033-0758, and whose telephone number is: (202) 653-8500.

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

*/ Noting that no exceptions were filed to the Judge's conclusion that the Respondent did not violate the Statute with regard to the bench marks, we will dismiss that portion of the complaint. We will modify the Judge's recommended Order accordingly.