Army Soldier Support Center and AFGE Local 1141 (Authority decision, April 30, 1991)

Final FLRA decision. This is a final 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 Army refused to let the union conduct informational picketing at Coleman Circle on Fort Benjamin Harrison. The Authority adopted the administrative law judge’s finding that the refusal interfered with employees’ protected activity. It ordered the installation to stop the restriction and post a notice. The Authority rejected the union’s request for an Army wide notice because the violation occurred at this installation.

Decision snapshot

• Authority: 5 U.S.C. § 7116(a)(1).
• Outcome: Unfair labor practice found; local cease and desist and notice order adopted.
• Key point: The installation could not bar the union’s protected informational picketing at Coleman Circle.

Full text (FLRA public release)

[ v40 p558 ]

40:0558(52)CA

The decision of the Authority follows:

40 FLRA No. 52

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

DEPARTMENT OF THE ARMY

U.S. ARMY SOLDIER SUPPORT CENTER

FORT BENJAMIN HARRISON, INDIANA

(Respondent)

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 1141, AFL-CIO

(Charging Party/Union)

5-CA-90465

DECISION AND ORDER

April 30, 1991

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) of the Federal Service Labor-Management Relations Statute (the Statute). The complaint alleged that the Respondent violated section 7116(a)(1) of the Federal Service Labor-Management Relations Statute (the Statute) by refusing to allow employees to engage in informational picketing within the confines of Fort Benjamin Harrison. The Charging Party and the Respondent filed exceptions to the Judge's decision. The Respondent filed an opposition to the Charging Party'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 Department of the Army, U.S. Army Soldier Support Center, Fort Benjamin Harrison, Indianapolis, shall:

1. Cease and desist from:

(a) Interfering with the rights of its employees to engage in activity protected by the Federal Service Labor-Management Relations Statute by refusing to allow the American Federation of Government Employees, Local 1141, AFL-CIO, the exclusive representative of its employees, to conduct informational picketing at Coleman Circle related to their terms and conditions of employment.

(b) In any like or related manner, interfering with, restraining, or coercing its 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 Army facilities at Fort Benjamin Harrison, 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 Commander of Fort Benjamin Harrison, 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, Chicago 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.

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 interfere with the rights of our employees to engage in activity protected by the Federal Service Labor-Management Relations Statute by refusing to allow the American Federation of Government Employees, Local 1141, AFL-CIO, the exclusive representative of our employees, to conduct informational picketing at Coleman Circle related to their terms and conditions of employment.

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

(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, Chicago Regional Office, Federal Labor Relations Authority, whose address is: 175 W. Jackson Blvd., Suite 1359-A, Chicago, IL. 60604 and whose telephone number is: (312) 353-6306.

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

*/
We specifically reject the Charging Party's exception contending that the Notice should be signed by the Secretary of the Army and posted Army-wide. The unfair labor practice complaint was filed against the Commander, Fort Benjamin Harrison, the highest level of agency management at the installation, and the record reflects that the violation occurred at Fort Benjamin Harrison only. The record also reflects that the Commander exercised independent authority and discretion in refusing to allow employees to engage in informational picketing within the confines of the military installation. Thus, consistent with the Authority's findings in similar situations, we find that requiring the Notice to be signed by the Commander of Fort Benjamin Harrison and posted at the Army facilities at Fort Benjamin Harrison will best effectuate the purposes and policies of the Statute. See, U.S. Department of the Air Force, Space Systems Division, Los Angeles Air Force Base, California, 38 FLRA 1485, 1487-88 (1991). See also, for example, Department of the Air Force, Sacramento Air Logistics Center, McClellan Air Force Base, California, 35 FLRA 1230, 1231-32 (1990); United States Department of Transportation, Federal Aviation Administration, 19 FLRA 732, 736-37 (1985).