56th Combat Support Group (TAC), MacDill Air Force Base and National Federation of Federal Employees, Local 153 (Authority decision, December 17, 1991)

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 at MacDill Air Force Base changed performance plans for commissary sales store checkers without first notifying their union or offering to bargain over the changes' impact and implementation. An administrative law judge found this violated the federal labor statute. The Authority adopted that finding and ordered the group to rescind the October 1990 plans. It also required the group to reappraise affected employees under the prior plans, make whole anyone harmed, bargain over future plan changes on request, and post a notice.

Decision snapshot

• Authority: Unfair labor practice under 5 U.S.C. § 7116(a)(1) and (5).
• Outcome: Violation finding affirmed; new plans rescinded, reappraisals and make-whole relief ordered.
• Key point: Changes to performance plans required union notice and an opportunity to bargain over their impact and implementation.

Full text (FLRA public release)

[ v43 p434 ]
43:0434(43)CA

The decision of the Authority follows:

43 FLRA No. 43

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

56TH COMBAT SUPPORT GROUP (TAC)

MACDILL AIR FORCE BASE, FLORIDA

(Respondent)

and

NATIONAL FEDERATION OF FEDERAL

EMPLOYEES, LOCAL 153

(Charging Party/Union)

4-CA-10090

December 17, 1991

DECISION AND ORDER

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 implementing changes in certain performance plans without providing the Union with notice and an opportunity to bargain over the impact and implementation of the changes. The Respondent filed exceptions to the Judge's decision. The General Counsel did not file 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. On 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 (TAC), MacDill Air Force Base, Florida, shall:

1. Cease and desist from:

(a) Unilaterally implementing new or revised performance plans for sales store checkers in the commissary, without giving prior notice to the National Federation of Federal Employees, Local 153, the exclusive representative of certain of its employees, and affording it an opportunity to bargain over the impact and implementation of the new or revised plans.

(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 actions in order to effectuate the
   purposes and policies of the Federal Service Labor-Management Relations Statute:

(a) Rescind the performance plans for sales store checkers implemented in October 1990, reappraise employees who were evaluated under the new plans by applying the previous plans, and make whole any employee adversely affected by application of the new plans.

(b) Notify and, upon request, negotiate with the National Federation of Federal Employees, Local 153, the exclusive representative of certain of its employees, over the impact and implementation of new or revised performance plans.

(c) Post at its facilities, 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 ensure 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 Regional Office, 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.

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 unilaterally implement new or revised performance plans for sales store checkers in the commissary, without giving prior notice to the National Federation of Federal Employees, Local 153, the exclusive representative of certain of our employees, and affording it an opportunity to bargain over impact and implementation of the new plans.

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 rescind the performance plans for sales store checkers implemented in October 1990, reappraise employees who were evaluated under the new plans by applying the old performance plans, and make whole any employee adversely affected by application of the new plans.

WE WILL notify and, upon request, negotiate with the National Federation of Federal Employees, Local 153, the exclusive representative of certain of our employees, over the impact and implementation of new or revised performance plans.

__________
(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, Atlanta Regional Office, Federal Labor Relations Authority, whose address is: 1371 Peachtree Street, NE, Suite, 122, Atlanta, GA 30367, and whose telephone number is: (404) 347-2324.

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