U.S. Department of the Air Force, 832d Combat Support Group, Luke Air Force Base, Arizona and American Federation of Government Employees, Local 1547 (Authority decision, July 12, 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

Luke Air Force Base implemented a base-wide no-smoking policy before completing bargaining with AFGE Local 1547 over the policy and its effects on employees. An administrative law judge found that the unilateral change was an unfair labor practice. The Authority adopted the judge's findings and order. It directed the base to rescind the policy, notify the union before future smoking policy changes, bargain on request to the extent allowed by law, and post an employee notice for 60 days.

Decision snapshot

• Authority: Unfair labor practices under 5 U.S.C. § 7116(a)(1) and (5).
• Outcome: Violation upheld; policy rescinded and bargaining and notice ordered.
• Key point: The base had to complete required bargaining before changing this working condition.

Full text (FLRA public release)

[ v36 p289 ]
36:0289(38)CA

The decision of the Authority follows:

36 FLRA No. 38

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF THE AIR
FORCE

832D COMBAT SUPPORT
GROUP

LUKE AIR FORCE BASE,
ARIZONA

(Respondent)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

LOCAL 1547

AFL-CIO

(Charging
Party/Union)

8-CA-80396

DECISION AND ORDER

July 12, 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 failed to bargain in good faith by unilaterally implementing a base-wide no-smoking policy without completing bargaining with the Union over the substance of the change in policy and its 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. See Department of Health and Human Services, Public Health Service, Health Resources and Services Administration, Oklahoma City Area, Indian Health Service, Oklahoma City, Oklahoma, 31 FLRA 498 (1988), enforced sub nom. Department of Health and Human Services, Indian Health Service, Oklahoma City v. FLRA, 885 F.2d 911 (D.C. Cir. 1989).

II. Order

Pursuant to section 2423.29 of our Rules and Regulations and section 7118 of the Statute we order that the Department of the Air Force, 832d Combat Support Group, Luke Air Force Base, Arizona, shall:

1. Cease and desist from:

(a) Unilaterally changing working conditions of unit employees by establishing a base-wide no-smoking policy, without first completing bargaining with the American Federation of Government Employees, Local 1547, AFL-CIO, herein called the Union, the exclusive representative of certain of its employees, to the extent consonant with law and regulations, on the decision to effectuate such a policy and its 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 Statute.

2. Take the following affirmative action in order to
   effectuate the purposes and policies of the Statute:

(a) Rescind the no-smoking policy implemented on May 16, 1988.

(b) Notify the Union of any intended changes in smoking policy and, upon request, negotiate to the extent consonant with law and regulations on the decision to effectuate such a policy and its impact and implementation.

(c) Post at its facilities at Luke Air Force Base, Arizona, where bargaining unit members represented by the American Federation of Government Employees, Local 1547, 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 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.

(d) 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 unilaterally implement changes in working conditions of bargaining unit employees by establishing a base-wide no-smoking policy, without first completing bargaining with the American Federation of Government Employees, Local 1547, AFL-CIO, herein called the Union, the exclusive representative of certain of our employees, to the extent consonant with law and regulations, on the decision to effectuate such a policy and its impact and implementation.

WE WILL NOT in any like or related manner, interfere with, restrain, or coerce any employee in the exercise of the rights assured by the Statute.

WE WILL rescind the no-smoking policy established on May 16, 1988, at Luke Air Force Base, Arizona.

WE WILL notify the Union in advance of any intended changes concerning a smoking policy and, upon request, negotiate to the extent consonant with law and regulations on the decision to effectuate such a policy and its impact and implementation.

_______
(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.)