U.S. Department of the Air Force, Ogden Air Logistics Center, Hill Air Force Base, Utah and U.S. Department of the Air Force, Air Force Logistics Command, Wright-Patterson Air Force Base, Ohio and American Federation of Government Employees, Local 1592 (Authority decision, August 22, 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

Ogden Air Logistics Center required a bargaining unit employee to attend a pre-arbitration interview without notifying the union or allowing it to attend. An administrative law judge found that the interview was a formal discussion and that the center also coercively questioned a union witness about issues in an upcoming arbitration. The Authority adopted those findings and changed the order and employee notice to address the coercive questioning expressly. It ordered the center to stop both practices and post a notice. It dismissed the allegations against the separate Air Force Logistics Command at Wright-Patterson Air Force Base.

Decision snapshot

• Authority: Formal discussion rights under 5 U.S.C. § 7114(a)(2); unfair labor practices under § 7116(a)(1) and (8).
• Outcome: Ogden violations upheld and order modified; allegations against the Air Force Logistics Command dismissed.
• Key point: An agency must allow the union to attend a formal pre-arbitration interview and cannot coercively question a union witness.

Full text (FLRA public release)

[ v36 p748 ]
36:0748(78)CA

The decision of the Authority follows:

36 FLRA No. 78

FEDERAL LABOR RELATIONS
AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF THE AIR
FORCE

OGDEN AIR LOGISTICS
CENTER

HILL AIR FORCE BASE,
UTAH

AND

U.S. DEPARTMENT OF THE AIR
FORCE

AIR FORCE LOGISTICS
COMMAND

WRIGHT-PATTERSON AIR FORCE BASE,
OHIO

(Respondents)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

LOCAL 1592

(Charging Party)

7-CA-80444

DECISION

August 22, 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 Ogden Air Logistics Center, Hill Air Force Base, Utah (Respondent Hill AFB) violated section 7116(a)(1) and (8) of the Federal Service Labor-Management Statute (the Statute) by requiring a bargaining unit employee to take part in a pre-arbitration interview that constituted a formal discussion within the meaning of section 7114(a)(2) of the Statute, and failing to notify the Union and afford it an opportunity to be present. The Judge also found that Respondent Hill AFB committed an independent violation of section 7116(a)(1) by conducting coercive questioning of the Union witness concerning matters known to be at issue in an upcoming arbitration hearing. The Judge dismissed the portions of the complaint alleging violations of the Statute by the Respondent Air Force Logistics Command, Wright-Patterson Air Force Base, Ohio.

The Respondents did not file an exception to the Judge's Decision. The General Counsel filed an exception only to the Judge's recommended Order. The Respondents did not file an opposition to the General Counsel's exception.

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, as modified below.

II. General Counsel's Exception

The General Counsel excepts to the Judge's failure to include in "his Recommended Order and in his Notice to All Employees appropriate language corresponding to his conclusion that Respondent [Hill AFB] independently violated Section 7116(a)(1) [of the Statute] by coercively questioning . . . a known Union witness, prior to arbitration." Exception at 3. The General Counsel argues that "[a]lthough the Judge found an independent Statutory violation based on Respondent [Hill AFB's] questioning of [a Union witness], he omitted that violation from his Recommended Order and Notice to All Employees." Id. at 4.

III. Analysis and Conclusion

We agree with the General Counsel that the Judge's recommended Order and Notice should be modified. Accordingly, we will modify the recommended Order to address the Judge's finding that Respondent Hill AFB independently violated section 7116(a)(1) of the Statute by conducting a coercive interview of a Union arbitration witness. See, for example, Department of the Air Force, Sacramento Air Logistics Center, McClellan Air Force Base, California, 35 FLRA 345, 346 (1990) (Judge's order modified to reflect his finding that the activity's refusal to permit the union an opportunity to attend certain meetings constituted violations of the Statute).

IV. Order

Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Statute, the Ogden Air Logistics Center, Hill Air Force Base, Utah shall:

1. Cease and desist from:

(a) Requiring any bargaining unit employee to take part in a pre-arbitration interview that constitutes a formal discussion without notifying and allowing the American Federation of Government Employees, AFL-CIO, Local 1592, the exclusive representative of its employees, the opportunity to be present.

(b) Coercively questioning Union witnesses concerning matters known to be at issue at scheduled arbitration hearings.

(c) In any like or related manner, interfering with, restraining, or coercing its employees in the exercise of 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 where employees in the bargaining unit 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 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 of the Center 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 VII, Federal Labor Relations Authority, in writing, within 30 days from the date of this Order, as to what steps have been taken to comply herewith.

The allegations in the complaint against the Air Force Logistics Command, Wright-Patterson Air Force Base, Ohio 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 require any bargaining unit employee to take part in a pre-arbitration interview that constitutes a formal discussion without notifying and allowing the American Federation of Government Employees, AFL-CIO, Local 1592, the exclusive representative of our employees, the opportunity to be present.

WE WILL NOT coercively question Union witnesses concerning matters known to be at issue at scheduled arbitration hearings.

WE WILL NOT, in any like or related manner, interfere with, restrain, or coerce our employees in the exercise of rights assured 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 any of its provisions, they may communicate directly with the Regional Director of the Federal Labor Relations Authority, Region VII, whose address is: 535 16th Street, Suite 310, Denver, Colorado 80202 and whose telephone number is: (303) 564-5224.

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