American Federation of Government Employees, Local 987 and U.S. Department of the Air Force, Warner Robins Air Logistics Center, Robins Air Force Base, Georgia (Authority decision, September 7, 1990)

Final FLRA decision. This is the Authority's final unfair labor practice order under 5 U.S.C. §§ 7116 and 7118. 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 987 conducted internal union business during employees' duty time at Robins Air Force Base. An administrative law judge found that the union's conduct violated the statutory ban on duty time for internal union business. The Authority adopted that finding, denied the union's exceptions, and ordered it to stop holding internal elections or other internal business during duty time and post a notice.

Decision snapshot

• Authority: Internal union business under 5 U.S.C. § 7131(b); union unfair labor practices under § 7116(b)(1) and (8).
• Outcome: Union unfair labor practice found; cessation and notice ordered.
• Key point: Internal union elections cannot be conducted during employees' duty time.

Full text (FLRA public release)

[ v37 p119 ]
37:0119(6)CO

The decision of the Authority follows:

37 FLRA No. 6

FEDERAL LABOR RELATIONS
AUTHORITY

WASHINGTON, D.C.

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

LOCAL 987

(Respondent)

and

U.S. DEPARTMENT OF THE AIR
FORCE

WARNER ROBINS AIR LOGISTICS
CENTER

ROBINS AIR FORCE BASE,
GEORGIA

(Charging Party)

4-CO-70023

DECISION AND ORDER

September 7, 1990

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(b)(1) and (8) of the Federal Service Labor-Management Relations Statute (the Statute) by conducting internal Union business during employees' duty time in violation of section 7131(b) of the Statute.

The Union filed exceptions to the Judge's Decision. The General Counsel filed an opposition to the Union'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. The rulings are hereby affirmed. 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 Federal Labor Relations Authority's Rules and Regulations and section 7118 of the Statute, the American Federation of Government Employees, Local 987 shall:

1. Cease and desist from:

(a) Conducting internal union elections or other internal union business during employees' duty time.

(b) In any like or related manner interfering with, restraining, or coercing any employees in the exercise of the 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 Statute:

(a) Post at its business offices and its normal meeting places, including all places where notices to members, and to employees of Warner Robins Logistics Center, Robins Air Force Base, Georgia, are customarily posted, copies of the attached Notice on forms to be furnished by the Federal Labor Relations Authority.

(b) Upon receipt of such forms, they shall be signed by the President of the American Federation of Government Employees, Local 987, and they shall be posted and maintained for 60 consecutive days thereafter, in conspicuous places, including bulletin boards and all other places where Union notices to members and unit employees are customarily posted. Reasonable steps shall be taken to ensure 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, Region IV, Federal Labor Relations Authority, in writing, within 30 days from the date of this Order, as to what steps have been taken to comply herein.

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 MEMBERS AND OTHER EMPLOYEES
THAT:

WE WILL NOT conduct internal union elections or other internal union business during employees' duty time.

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

__________
(Union)

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, Region IV, Federal Labor Relations Authority, whose address is: 1371 Peachtree Street, N.E., Suite 736, Atlanta, GA 30367 and whose telephone number is: (404) 347-2324.

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