General Services Administration, Region 7 and AFGE Local 2488 (Authority decision, December 13, 1982)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority resolving an unfair labor practice complaint under 5 U.S.C. § 7116. 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

GSA Region 7 implemented a paid parking program affecting employees represented by AFGE Local 2488. On the parties’ stipulated record, the Authority found that GSA put internal parking rules into effect without first giving the union an opportunity to bargain. It found an unfair labor practice and ordered notice and bargaining on request before implementation of a paid parking program.

Decision snapshot

• Authority: 5 U.S.C. § 7116(a)(1).
• Outcome: Unfair labor practice found; prospective notice and bargaining ordered.
• Key point: Implementing paid parking rules without an opportunity to bargain violated the statute.

Full text (FLRA public release)

[ v10 p649 ]

10:0649(106)CA

The decision of the Authority follows:

10 FLRA No. 106

GENERAL SERVICES ADMINISTRATION
REGION 7
Respondent

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 2488
Charging Party

Case No. 6-CA-322

DECISION AND ORDER

This matter is before the Authority pursuant to the Regional Director's "Order Transferring Case to the Federal Labor Relations Authority" in accordance with section 2429.1(a) of the Authority's Rules and Regulations.

Upon consideration of the entire record in this case, including the stipulation of facts, the Authority finds:

The complaint alleges that the Respondent violated section 7116(a)(1) and (5) of the Federal Service Labor-Management Relations Statute (the Statute) by its unilateral change of terms and conditions of employment concerning fees for employee parking without affording the Union an opportunity to bargain over the impact and implementation of such change.

The facts and positions of the parties are substantially identical to those in Department of Housing and Urban Development, 9 FLRA No. 16 (1982). /1/ For the reasons set forth in the Department of Housing and Urban Development, the Authority finds that the Respondent's unilateral implementation of its internal rules and regulations concerning the paid parking program without first affording the Union an opportunity to negotiate constituted a violation of section 7116(a)(1) and (5) of the Statute, and that the following Order is appropriate.

ORDER

Pursuant to section 2423.29 of the Federal Labor Relations Authority's Rules and Regulations and section 7118 of the Federal Service Labor-Management Relations Statute, the Authority hereby orders that the General Services Administration, Region 7, shall:

1. Cease and desist from:

(a) Failing or refusing to give notice to and, upon request, bargain with the American Federation of Government Employees, AFL-CIO, Local 2488, the exclusive bargaining representative of its employees, before implementation of any paid parking program which may be established by Government-wide rule or regulation.

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

(a) 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 an appropriate official of the Respondent 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 insure 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, Region VI, in writing, within 30 days from the date of this Order, as to what steps have been taken to comply herewith.

Issued, Washington, D.C., December 13, 1982

Ronald W. Haughton, Chairman
Henry B. Frazier III, Member
Leon B. Applewhaite, Member /2/
FEDERAL LABOR RELATIONS AUTHORITY

NOTICE TO ALL EMPLOYEES

PURSUANT TO A DECISION AND ORDER OF THE FEDERAL LABOR RELATIONS AUTHORITY AND IN ORDER TO EFFECTUATE THE POLICIES OF CHAPTER 71 OF TITLE 5 OF THE UNITED STATES CODE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS WE HEREBY NOTIFY OUR EMPLOYEES THAT:

WE WILL NOT fail or refuse to give notice to and, upon request, bargain with the American Federation of Government Employees, AFL-CIO, Local 2488, the exclusive representative of our employees, before implementation of any paid parking program which may be established by Government-wide rule or regulation.

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. (Agency)

Dated: . . . By: (Signature)

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, Federal Labor Relations Authority, Region VI, whose address is: Bryan & Ervay Street, Room 450, P.O. Box 2640, Dallas, Texas 75221, and whose telephone number is: (214) 767-4996.

--------------- FOOTNOTES$ ---------------

/1/ See also Veterans Administration Central Office, Veterans Administration Medical Center, Long Beach, 9 FLRA No. 39 (1982).

/2/ Member Applewhaite, while in agreement with his fellow members as to the disposition herein, additionally notes his separate opinion in Department of Housing and Urban Development, 9 FLRA No. 16 (1982), to the effect that it would be inappropriate herein for the Authority to make any findings or statements or give any guidance as to a money remedy, since these are issues which are more appropriately presented to and addressed by a Circuit Court of Appeals.