U.S. Department of the Army, U.S. Army Aviation Center and Fort Rucker, and American Federation of Government Employees, Local 1815 (Authority decision, November 13, 1992)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority finding an unfair labor practice under 5 U.S.C. § 7116 in part and dismissing the remaining allegations. 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

An administrative law judge found that the Army Aviation Center and Fort Rucker discriminated against a union official in the procedures for reassignment during a reduction in force. The judge found violations of the federal labor statute's protections against interference and discrimination based on union activity, while dismissing other parts of the complaint. The Authority rejected the Army's exceptions and adopted the judge's findings and recommended order. It ordered the installation to stop imposing discriminatory reassignment requirements, post a notice for 60 consecutive days, and report its compliance to the regional director within 30 days. The other allegations remained dismissed.

Decision snapshot

• Authority: Unfair labor practices under 5 U.S.C. § 7116(a)(1) and (2).
• Outcome: Violations adopted in part; remaining allegations dismissed; cease and desist, notice posting, and compliance report ordered.
• Key point: Reassignment procedures during a reduction in force cannot discriminate against an employee because of union activity.

Full text (FLRA public release)

[ v46 p535 ]
46:0535(51)CA

The decision of the Authority follows:

46 FLRA No. 51

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

U.S. DEPARTMENT OF THE ARMY

U.S. ARMY AVIATION CENTER

AND

FORT RUCKER

FORT RUCKER, ALABAMA

(Respondents)

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 1815

(Charging Party/Union)

4-CA-10691

_____

DECISION AND ORDER

November 13, 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 Respondents violated section 7116(a)(1) and (2) of the Federal Service Labor-Management Relations Statute (the Statute) by discriminating against an employee Union official in the establishment of procedures by which the employee could be reassigned in a reduction in force. The Judge dismissed other aspects of the complaint. The Respondents filed exceptions to the Judge's decision and the General Counsel filed an opposition to the exceptions.(*/)

Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Statute, we have reviewed the rulings that 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 exceptions, 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 U.S. Army Aviation Center and Fort Rucker, Fort Rucker, Alabama, shall:

1. Cease and desist from:

(a) Encouraging or discouraging membership in a labor organization by discrimination in connection with hiring, tenure, promotion, or other conditions of employment.

(b) Imposing on Ms. Stella Swearingen, or any other bargaining unit employee, any discriminatory requirement in connection with reassignments during a reduction in force.

(c) In any like or related manner, interfering with, restraining, or coercing their employees in the exercise of their rights assured by the Statute.

2. Take the following affirmative action in order to effectuate the
   purposes and policies of the Statute:

(a) Post at its facilities at the Aviation Center, Fort Rucker, Alabama, where bargaining unit employees are located, 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 of the Aviation Center and shall be posted in conspicuous places, including all bulletin boards and other places where notices to employees are customarily posted, and shall be maintained for 60 consecutive days thereafter. Reasonable steps shall be taken to ensure that such notices are not altered, defaced, or covered by any other material.

(b) Pursuant to section 2423.30 of the Authority's Rules and Regulations, notify the Regional Director, Atlanta Regional Office, in writing, within 30 days from the date of this Order, as to what steps have been taken to comply.

All other aspects of the complaint in this case are 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 encourage or discourage membership in a labor organization by discrimination in connection with hiring, tenure, promotion, or other conditions of employment.

WE WILL NOT impose on Ms. Stella Swearingen, or any other bargaining unit employee, any discriminatory requirement in connection with reassignments during a reduction in force.

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 Statute.

___________
(Agency)

Date:____ 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, N.E., Suite 122, Atlanta, GA 30367 and whose telephone number is: (404) 347-2324.

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

*/ As the General Counsel's opposition
appeared to be untimely filed, the Authority ordered the General Counsel to show cause why it should be considered. The General Counsel failed to respond to the Authority's order. Accordingly, the opposition has not been

considered.