Marine Corps Logistics Base, Barstow, California and American Federation of Government Employees, Local 1482, AFL-CIO (Authority decision, November 27, 1992)

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

The Marine Corps Logistics Base in Barstow raised the price of canned drinks in base vending machines without first notifying and bargaining with the employees' union. It also refused to bargain over a proposal about catering truck and vending machine prices. The Authority adopted the administrative law judge's finding that these actions violated the federal labor statute. It rejected the base's claim that federal pay law barred bargaining over food prices and found insufficient evidence of a past practice allowing unilateral price increases. The order requires the base to rescind the increase, temporarily reduce the price to 45 cents per can, bargain on request, and post a notice.

Decision snapshot

• Authority: Bargaining duty and unfair labor practices under 5 U.S.C. § 7116(a)(1) and (5).
• Outcome: Judge's findings adopted; beverage price increase rescinded, temporary price reduction and bargaining ordered.
• Key point: Vending and catering prices for bargaining unit employees can be mandatory subjects of bargaining.

Full text (FLRA public release)

[ v46 p782 ]
46:0782(68)CA

The decision of the Authority follows:

46 FLRA No. 68

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

MARINE CORPS LOGISTICS BASE

BARSTOW, CALIFORNIA

(Respondent)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

LOCAL 1482, AFL-CIO

(Charging Party)

98-CA-10236

98-CA-10490

DECISION AND ORDER

November 27, 1992

Before Chairman McKee and Members Talkin and
Armendariz.

I. Statement of the Case

This unfair labor practice case is before the Authority on exceptions to the attached decision of the Administrative Law Judge filed by the Respondent. The General Counsel filed an Opposition to the Respondent's exceptions.

The consolidated complaint alleged that the Respondent violated section 7116(a)(1) and (5) of the Federal Service Labor-Management Relations Statute (the Statute) by unilaterally changing conditions of employment of unit employees when it increased the price of soft drinks in Base vending machines, without first notifying the Union and providing it with an opportunity to negotiate over the substance and the impact and implementation of the change and by refusing to bargain with the Union over a proposal concerning catering truck and vending machine prices.

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 hearings and find that no prejudicial error was committed. We affirm the rulings. Upon consideration of the Judge's decision, the exceptions, the opposition, and the entire record, we adopt the Judge's findings, conclusions, and recommended Order.

The Respondent contends, contrary to the Judge's finding, that negotiations over catering truck and beverage item prices are barred by 5 U.S.C. § 5536 and Comptroller General decisions. We disagree. Initially, we note that matters pertaining to food services and related prices for bargaining unit employees are within the mandatory scope of bargaining. National Association of Government Employees, Local R1-144 and U.S. Department of the Navy, Naval Underwater Systems Center, Newport, Rhode Island, 43 FLRA 1331, 1345-46 (1992); American Federation of Government Employees, AFL-CIO, Local 1622 and Department of the Army, Fort George G. Meade, 27 FLRA 11, 14 (1987). See also Department of Veterans Affairs, Veterans Administration Medical Center, Veterans Canteen Service, Lexington, Kentucky, 44 FLRA 179 (1992), petition for review filed, No. 92-1185 (D.C. Cir. April 24, 1992); Department of Veterans Affairs, Veterans Administration Medical Center, Veterans Canteen Service, Lexington, Kentucky, 44 FLRA 162 (1992), petition for review filed, No. 92-1184 (D.C. Cir. April 24, 1992). The Authority, in considering other proposals regarding food service for employees, has noted that "the Comptroller General has not interpreted 5 U.S.C. § 5536 as an absolute prohibition on agency subsidization of food for employees." National Association of Government Employees, Local R1-25 and Veterans Administration, Medical Center, Brockton, Massachusetts, 23 FLRA 266, 269 (1986).

Finally, we note that the Respondent contends that the Judge erred in stating that the Respondent did not litigate its position on the issue of whether a past practice existed permitting the Respondent to implement increases in the prices of vending machine products unilaterally. Although the Judge made that statement, the record shows that that issue was litigated. Moreover, we find that the Judge fully discussed this issue and that the Judge correctly determined that the record evidence was insufficient to find that such a past practice existed.

II. Order

Pursuant to section 2423.29 of the Federal Labor Relations Authority's Rules and Regulations and section 7118 of the Statute, the Marine Corps Logistics Base, Barstow, California, shall:

1. Cease and desist from:

(a) Implementing unilateral changes in the working conditions of unit employees by increasing the price of canned beverages in Base vending machines without first notifying and negotiating with the American Federation of Government Employees, Local 1482, AFL-CIO, the agent of the exclusive representative of certain of its employees, and affording it an opportunity to complete negotiations over the decision to implement the price increase and the impact and implementation of the change.

(b) Failing and refusing to negotiate with the American Federation of Government Employees, Local 1482, AFL-CIO, the agent of the exclusive representative of certain of its employees, over matters previously determined negotiable by the Federal Labor Relations Authority.

(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) Rescind the price increase for canned beverages in Base vending machines effected on March 8, 1991.

(b) Effect a further decrease in the price of canned beverages to 45 cents per can for the same number of days that the unilateral increase in price was in effect.

(c) Upon request, negotiate with the American Federation of Government Employees, Local 1482, AFL-CIO, the agent of the exclusive representative of certain of its employees, regarding its proposal involving prices for catering truck and vending machine prices on Base.

(d) 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 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 are customarily posted. Reasonable steps shall be taken to insure

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 of the 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 implement unilateral changes in the working conditions of unit employees by increasing the price of canned beverages in Base vending machines without first notifying and negotiating with the American Federation of Government Employees, Local 1482, AFL-CIO, the agent of the exclusive representative of certain of our employees, and affording it an opportunity to complete negotiations over the decision to implement the price increase and the impact and implementation of the change.

WE WILL NOT fail or refuse to negotiate with the American Federation of Government Employees, Local 1482, AFL-CIO, the agent of the exclusive representative of certain of our employees, over matters previously determined negotiable by the Federal Labor Relations Authority.

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 rescind the 5-cent increase in the price of canned beverages in Base vending machines effected on March 8, 1991, and further decrease the price by 5 cents to 45 cents for the same number of days that the unilateral increase was in effect.

WE WILL notify the American Federation of Government Employees, Local 1482, AFL-CIO, the agent of the exclusive representative of our employees, in advance of any contemplated price increase in canned beverages in Base vending machines and, upon request, negotiate with it over the decision to implement a price increase and the impact and implementation of the proposed changes.

WE WILL, upon request, negotiate with the American Federation of Government Employees, Local 1482, AFL-CIO, the agent of the exclusive representative of certain of our employees, concerning the proposal involving catering truck and vending machine prices on Base.

______
(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, San Francisco Regional Office, whose address is: 901 Market Street, Suite 220, San Francisco, CA, and whose telephone number is: (415) 744-4000.

FOOTNOTES:
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have footnotes.)