United States Immigration and Naturalization Service, Honolulu District Office and American Federation of Government Employees, Local 2886 (Authority decision, December 20, 1991)

Final FLRA decision. This is a final unfair-labor-practice 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 Immigration and Naturalization Service's Honolulu office established a new shift for bargaining unit employees at the airport. An administrative law judge found that the office had not first notified the union or given it a chance to negotiate over the change's impact and implementation. The Authority adopted that finding and rejected the office's exceptions. It ordered the office to stop making such unilateral changes, bargain over future shift changes on request, and make whole employees who lost pay, allowances, or differentials because of the new shift. The office also had to post a notice to employees.

Decision snapshot

• Authority: Unfair labor practice under 5 U.S.C. § 7116(a)(1) and (5).
• Outcome: Violation finding affirmed; make-whole relief, future bargaining, and notice posting ordered.
• Key point: A new shift required notice to the union and an opportunity to bargain over its impact and implementation.

Full text (FLRA public release)

[ v43 p608 ]
43:0608(51)CA

The decision of the Authority follows:

43 FLRA No. 51

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

UNITED STATES IMMIGRATION AND

NATURALIZATION SERVICE, HONOLULU

DISTRICT OFFICE, HONOLULU, HAWAII

(Respondent/Activity)

and

NATIONAL IMMIGRATION AND NATURALIZATION
SERVICE

COUNCIL, AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, LOCAL 2886, AFL-CIO

(Charging Party/Union)

8-CA-00345

DECISION AND ORDER

December 20, 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) and (5) of the Federal Service Labor-Management Relations Statute (the Statute) by instituting a new work shift for unit employees without notifying the Union or providing it with an opportunity to negotiate over the impact and implementation of the change. The Respondent filed exceptions to the Judge's decision and the General Counsel filed an opposition to the Respondent'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 United States Immigration and Naturalization Service, Honolulu District Office, Honolulu, Hawaii, shall:

1. Cease and desist from:

(a) Unilaterally changing working conditions of bargaining unit employees at the Honolulu Airport by establishing a new work shift without first notifying the American Federation of Government Employees, Local 2886, AFL-CIO, the exclusive representative of certain of its employees, and affording it the opportunity to negotiate over the impact and implementation of the change.

(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) Make whole all bargaining unit employees who suffered a reduction in pay, allowances, and/or differentials as a result of the implementation of the new work shift.

(b) Notify the American Federation of Government Employees, Local 2886, AFL-CIO, the exclusive representative of its employees, of any intended change in tours of duty or shifts of bargaining unit employees and, upon request, negotiate over the impact and implementation of the change.

(c) Post at its United States Immigration and Naturalization Service, Honolulu District Office, Honolulu Hawaii, 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 the District Director, 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 ensure that such Notices are not altered, defaced, or covered by any other material.

(d) Pursuant to section 2423.30 of the Authority's Rules and Regulations, notify the Regional Director, San Francisco 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 unilaterally change working conditions of bargaining unit employees at the Honolulu Airport by establishing a new work shift without first notifying the American Federation of Government Employees, Local 2886, AFL-CIO, the exclusive representative of our employees, and affording it the opportunity to negotiate over the impact and implementation of the change.

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.

WE WILL make whole all affected employees who suffered a reduction in pay, allowances, and/or differentials as a result of the implementation of the new work shift.

WE WILL notify the American Federation of Government Employees, Local 2886, AFL-CIO, the exclusive representative of our employees, of any intended change in tours of duty or shifts of bargaining unit employees and, upon request, negotiate over the impact and implementation of such change.

_________
(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, San Francisco, California Regional Office, Federal Labor Relations Authority, whose address is: 901 Market Street, Suite 220, San Francisco, CA 94103, and whose telephone number is: (415) 744-4000.

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