U.S. Department of the Air Force, Williams Air Force Base and American Federation of Government Employees, Local 1776 (Authority decision, November 29, 1990)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority finding unfair labor practices 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

Williams Air Force Base reserved or removed eight employee parking spaces near two buildings and adopted a local reserved parking rule without notifying AFGE Local 1776 or offering to bargain. The Authority adopted the administrative law judge's finding that these unilateral changes violated the agency's bargaining duty. It ordered the base to rescind the local rule and restore the eight spaces to bargaining unit employees on their prior terms. The base must also give notice and bargain on request before future parking changes, and post a notice for 60 days.

Decision snapshot

• Authority: Unfair labor practices under 5 U.S.C. § 7116(a)(1) and (5).
• Outcome: Violation upheld; local parking rule rescinded and eight employee spaces restored.
• Key point: Changes to employee parking conditions required notice and an opportunity for union bargaining.

Full text (FLRA public release)

[ v38 p549 ]
38:0549(51)CA

The decision of the Authority follows:

38 FLRA NO. 51

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF THE AIR FORCE

WILLIAMS AIR FORCE BASE

CHANDLER, ARIZONA

(Respondent)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

LOCAL 1776

AFL-CIO

(Charging Party)

8-CA-80124

DECISION AND ORDER

November 29, 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(a)(1) and (5) of the Federal Service Labor-Management Relations Statute (the Statute) as alleged. He concluded that the Respondent unilaterally eliminated or reserved employee parking spaces on base and unilaterally implemented a local supplement to Air Force Regulation 125-14 addressing reserved parking on base, without first notifying the Union and affording it an opportunity to bargain over the substance of such changes and their impact and implementation.

The Respondent filed exceptions to the Judge's decision and order. 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 those 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 Department of Defense, Department of the Air Force, Williams Air Force Base, Chandler, Arizona shall:

1. Cease and desist from:

(a) Unilaterally implementing changes in the working conditions of bargaining unit employees, by eliminating or reserving 4 employee parking spaces located in front of Building 320 and by eliminating 4 other employee parking spaces located in front of Building 321, and by implementing a March 16, 1987 supplement to Air Force Regulation 125-14 addressing reserved parking on the base, without first notifying the American Federation of Government Employees, Local 1776, AFL-CIO, the exclusive representative of certain of its employees, and affording it an opportunity to bargain over the substance of such changes and their impact and implementation.

(b) In any like or related manner interfering with, restraining or coercing any employee in the exercise of the 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) Rescind the March 16, 1987, 82 Flying Training Wing Supplement to Air Force Regulation 125-14.

(b) Restore the 8 parking spaces in the lot in front of Buildings 320 and 321 to bargaining unit employees for parking on the same basis as it existed prior to June 1987.

(c) Notify the American Federation of Government Employees, Local 1776, AFL-CIO of any proposed changes in employee parking policies and, upon request, afford it the opportunity to bargain over such changes.

(d) Post at its facilities at Williams Air Force Base, Arizona, where bargaining unit members represented by the American Federation of Government Employees, Local 1776, AFL-CIO, 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 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.

(e) Pursuant to Section 2423.30 of the Authority's Rules and Regulations, notify the Regional Director, Region VIII, 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 HEREBY NOTIFY OUR EMPLOYEES THAT:

WE WILL NOT institute unilateral changes in the working conditions of bargaining unit employees by eliminating or reserving 4 employee parking spaces located in front of Building 320, and by eliminating 4 other employee parking spaces located in front of Building 321, and by implementing a March 16, 1987 supplement to Air Force Regulation 125-14 addressing reserved parking on the base, without first notifying the American Federation of Government Employees, Local 1776, AFL-CIO, the exclusive representative of certain of our employees, and affording it an opportunity to bargain over the substance of such changes and their impact and implementation.

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

WE WILL rescind the March 16, 1987, 82 Flying Wing Training Supplement to Air Force Regulation 125-14.

WE WILL restore the 8 parking spaces on the street in front of Buildings 320 and 321 to bargaining unit employees for parking on a first come, first served basis, as it existed prior to June 1987.

WE WILL notify the American Federation of Government Employees, Local 1776, AFL-CIO of any proposed changes in employee parking policies and, upon request, bargain over such changes.

________
(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, Region VIII, whose address is: 350 South Figueroa Street, 3rd Floor, Room 370, Los Angeles, CA 90071, and whose telephone number is: (213) 894-3805.

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