56th Combat Support Group, MacDill Air Force Base, Florida and American Federation of Government Employees, Local 547 (Authority decision, February 14, 1992)

Final FLRA decision. This is a final unfair labor practice 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

The 56th Combat Support Group restricted leave use by Medical Group employees and changed how they requested leave and how supervisors approved or canceled it. An administrative law judge found that the Group had made these changes without notifying the union or giving it a chance to bargain over their impact and implementation. The Authority rejected the Group's exceptions and adopted the judge's violation findings. It ordered the Group to give notice and an opportunity to bargain over intended changes, restore annual leave lost under the use-or-lose rule, and post a notice to employees.

Decision snapshot

• Authority: Interference and failure to bargain under 5 U.S.C. § 7116(a)(1) and (5).
• Outcome: Judge's violation findings adopted; bargaining, leave restoration, and notice ordered.
• Key point: The Group had to notify the union and bargain over the effects of changed leave procedures before implementing them.

Full text (FLRA public release)

[ v43 p1565 ]
43:1565(125)CA

The decision of the Authority follows:

43 FLRA No. 125

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

56TH COMBAT SUPPORT GROUP

MACDILL AIR FORCE BASE, FLORIDA

(Respondent)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

LOCAL 547

(Charging Party/Union)

4-CA-10039

DECISION AND ORDER

February 14, 1992

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 implementing a restriction on leave usage by its Medical Group employees and by changing procedures by which leave was requested by those employees and approved by their supervisors, without providing the Union with notice and an opportunity to negotiate over the impact and implementation of the changes. The Respondent filed exceptions to the Judge's decision and 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 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 and the entire record, we adopt the Judge's findings, conclusions and recommended Order.

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 56th Combat Support Group, MacDill Air Force Base, Florida, shall:

1. Cease and desist from:

(a) Implementing changes in the working conditions of bargaining unit employees, by unilaterally implementing a restriction on leave usage by its Medical Group employees and by changing procedures by which these employees request, and their supervisors approve or cancel, leave without giving notice to the American Federation of Government Employees, Local 547, the exclusive representative of certain of its employees, and affording it an opportunity to bargain concerning the impact and implementation of those changes.

(b) In any like or related manner interfering with, restraining, or coercing employees in the exercise of rights assured them 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) Make whole any employees who lost annual leave because of the "use or lose" provisions contained in the Federal Personnel Manual.

(b) Notify the American Federation of Government Employees, Local 547, the exclusive representative of its employees, of any intended changes in conditions of employment, including intended changes in procedures for the approval or cancellation of annual leave, and, upon request, afford it the opportunity to bargain over those changes.

(c) Post at its facility 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 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.

(d) Pursuant to section 2423.30 of the Authority's Rules and Regulations, notify the Regional Director of the Atlanta 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.

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 implement changes in the working conditions of bargaining unit employees, by unilaterally implementing a restriction on leave usage by our Medical Group employees and by changing procedures by which these employees request, and their supervisors approve or cancel, leave without giving notice to the American Federation of Government Employees, Local 547, the exclusive representative of certain of our employees, and affording it an opportunity to bargain concerning the impact and implementation of those changes.

WE WILL NOT in any like or related manner interfere with, restrain, or coerce employees in the exercise of their rights assured by the Federal Service Labor-Management Relations Statute.

WE WILL make whole any employee who lost annual leave because of the "use or lose" provisions in the Federal Personnel Manual.

WE WILL notify the American Federation of Government Employees, Local 547, the exclusive representative of our employees, of any intended changes in procedures for the approval or cancellation of annual leave, and, upon request, afford it the opportunity to bargain over those changes.

_______
(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 its provisions, they may communicate directly with the Regional Director of the Federal Labor Relations Authority, Atlanta Regional Office, whose address is: 1371 Peachtree Street, NE, Suite 122, Atlanta, Georgia 30367, and whose telephone number is: (404) 347-2324.

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