AFGE Local 987 and U.S. Department of the Air Force, Warner Robins Air Logistics Center (Authority decision, April 16, 1990)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority finding an unfair labor practice by a union under 5 U.S.C. § 7116(b)(1). 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 AFGE Local 987 representative told a bargaining unit employee at the Warner Robins Air Logistics Center that she would not receive full help with her grievance unless she joined the union. An administrative law judge found that this threatened the employee's right to remain a nonmember and violated the federal labor statute. The union challenged the ruling, but the Authority adopted the judge's findings and order. The union must stop saying or implying that members receive better grievance representation, post notices, and report its compliance.

Decision snapshot

• Authority: Employee choice under 5 U.S.C. § 7102 and union unfair labor practices under § 7116(b)(1).
• Outcome: Judge's unfair labor practice finding affirmed; cease and desist and notice posting ordered.
• Key point: A union cannot condition full grievance representation on membership.

Full text (FLRA public release)

[ v35 p563 ]
35:0563(64)CO

The decision of the Authority follows:

35 FLRA No. 64

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-80001

DECISION AND ORDER

April 16, 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 had violated section 7116(b)(1) of the Federal Service Labor-Management Relations Statute (the Statute) as alleged. He concluded that the Respondent interfered with, restrained and coerced a unit employee in the exercise of her right to refrain from joining the Union by threatening that she would not receive full representation in the processing of her grievance unless she joined the Union.

The Respondent filed exceptions to the Judge's decision and order. 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 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 our Rules and Regulations and section 7118 of the Statute, we order that the American Federation of Government Employees, Local 987, shall:

1. Cease and desist from:

(a) Stating or implying that American Federation of Government Employees, Local 987 will afford better representation in the processing of grievances to members than to non-members.

(b) In any like or related manner, interfering with, restraining or coercing any member in the exercise of the 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 business offices and its normal places including all places where notices to members and employees of Warner Robins Air 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. 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 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.

(b) Submit appropriate signed copies of such notices to the Commanding Officer of the Warner Robins Air Logistics Center, Robins Air Force Base, Georgia for posting in conspicuous places where the unit employees are located, where they shall be maintained for a period of 60 consecutive days from the date of posting.

(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.

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 state or imply that American Federation of Government Employees, Local 987 will afford better representation in the processing of grievances to members than to non-members.

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.

_____
(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 any of its provisions, they may communicate directly with the Regional Director, Region VI, 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.)