Department of Health, Education and Welfare, Social Security Administration, Bureau of Retirement and Survivors Insurance, Northeastern Program Service Center (Respondent) and American Federation of Government Employees, Local Union 1760, AFL-CIO (Complainant)



[ v01 p508 ]
01:0508(59)CA
The decision of the Authority follows:


 1 FLRA No. 59
 
 DEPARTMENT OF HEALTH, EDUCATION
 AND WELFARE, SOCIAL SECURITY
 ADMINISTRATION, BUREAU OF
 RETIREMENT AND SURVIVORS INSURANCE,
 NORTHEASTERN PROGRAM SERVICE CENTER
 Respondent
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL UNION 1760, AFL-CIO
 Complainant
 
                                            Assistant Secretary
                                            Case Nos. 30-08062(CA)
                                                  and 30-08264(CA)
 
                            DECISION AND ORDER
 
    ON DECEMBER 13, 1978, ADMINISTRATIVE LAW JUDGE SALVATORE J. ARRIGO
 ISSUED HIS RECOMMENDED DECISION AND ORDER IN THE ABOVE-ENTITLED
 CONSOLIDATED PROCEEDING, FINDING THAT THE RESPONDENT HAD ENGAGED IN THE
 UNFAIR LABOR PRACTICES ALLEGED IN THE COMPLAINTS AND RECOMMENDING THAT
 IT CEASE AND DESIST THEREFROM AND TAKE CERTAIN AFFIRMATIVE ACTIONS AS
 SET FORTH IN THE ATTACHED ADMINISTRATIVE LAW JUDGE'S RECOMMENDED
 DECISION AND ORDER.  THEREAFTER, THE RESPONDENT FILED TIMELY EXCEPTIONS
 TO THE ADMINISTRATIVE LAW JUDGE'S RECOMMENDED DECISION AND ORDER.
 
    THE FUNCTIONS OF THE ASSISTANT SECRETARY OF LABOR FOR
 LABOR-MANAGEMENT RELATIONS UNDER EXECUTIVE ORDER 11491, AS AMENDED, WERE
 TRANSFERRED TO THE AUTHORITY UNDER SECTION 304 OF REORGANIZATION PLAN
 NO. 2 OF 1978 (43 F.R. 36040), WHICH TRANSFER OF FUNCTIONS IS
 IMPLEMENTED BY SECTION 2400.2 OF THE AUTHORITY'S TRANSITION RULES AND
 REGULATIONS (44 F.R. 7).  THE AUTHORITY CONTINUES TO BE RESPONSIBLE FOR
 THE PERFORMANCE OF THESE FUNCTIONS AS PROVIDED IN SECTION 7135(B) OF THE
 FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (92 STAT. 1215).
 
    THEREFORE, PURSUANT TO SECTION 2400.2 OF THE AUTHORITY'S TRANSITION
 RULES AND REGULATIONS AND SECTION 7135(B) OF THE STATUTE, THE AUTHORITY
 HAS REVIEWED THE RULINGS OF THE ADMINISTRATIVE LAW JUDGE MADE AT THE
 HEARING AND FINDS THAT NO PREJUDICIAL ERROR WAS COMMITTED.  THE RULINGS
 ARE HEREBY AFFIRMED.  UPON CONSIDERATION OF THE ADMINISTRATIVE LAW
 JUDGE'S RECOMMENDED DECISION AND ORDER AND THE ENTIRE RECORD IN THE
 SUBJECT CASES, INCLUDING THE RESPONDENT'S EXCEPTIONS, THE AUTHORITY
 HEREBY ADOPTS THE ADMINISTRATIVE LAW JUDGE'S FINDINGS, CONCLUSIONS AND
 RECOMMENDATIONS.
 
                                 ORDER /1/
 
    PURSUANT TO SECTION 2400.2 OF THE TRANSITION RULES AND REGULATIONS OF
 THE FEDERAL LABOR RELATIONS AUTHORITY AND SECTION 7135 OF THE FEDERAL
 SERVICE LABOR-MANAGEMENT RELATIONS STATUTE, THE AUTHORITY HEREBY ORDERS
 THAT THE DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, SOCIAL SECURITY
 ADMINISTRATION, BUREAU OF RETIREMENT AND SURVIVORS INSURANCE,
 NORTHEASTERN PROGRAM SERVICE CENTER SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) SOLICITING FROM EMPLOYEES REPRESENTED BY THE NATIONAL OFFICE,
 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO (NATIONAL COUNCIL
 OF SOCIAL SECURITY PAYMENT CENTER LOCALS), THROUGH A QUESTIONNAIRE,
 OPINIONS AND SENTIMENTS INVOLVING PERSONNEL POLICIES AND PRACTICES AND
 MATTERS AFFECTING WORKING CONDITIONS RELATIVE TO FLEXTIME WORK HOURS
 WITHOUT FIRST OBTAINING THE CONSENT OF AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL UNION 1760, AFL-CIO, THE AUTHORIZED REPRESENTATIVE OF
 THE EXCLUSIVELY RECOGNIZED LABOR ORGANIZATION.
 
    (B) CHANGING WORK HOURS FROM A STANDARD SCHEDULE TO A FLEXTIME
 PROGRAM APPLICABLE TO EMPLOYEES REPRESENTED EXCLUSIVELY BY THE NATIONAL
 OFFICE, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO (NATIONAL
 COUNCIL OF SOCIAL SECURITY PAYMENT CENTER LOCALS), WITHOUT FIRST
 NOTIFYING THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL UNION
 1760, AFL-CIO, THE AUTHORIZED REPRESENTATIVE OF THE EXCLUSIVELY
 RECOGNIZED LABOR ORGANIZATION, AND AFFORDING IT THE OPPORTUNITY TO MEET
 AND CONFER, TO THE EXTENT CONSONANT WITH LAW AND REGULATIONS, ON THE
 DECISION, THE PROCEDURES WHICH MANAGEMENT WILL OBSERVE IN IMPLEMENTING
 SUCH CHANGE, AND ON THE IMPACT SUCH CHANGE WILL HAVE ON ADVERSELY
 AFFECTED EMPLOYEES IN THE EXCLUSIVELY RECOGNIZED UNIT.
 
    (C) IN ANY LIKE OR RELATED MANNER, INTERFERING WITH, RESTRAINING, OR
 COERCING ITS EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY
 EXECUTIVE ORDER 11491, AS AMENDED.
 
    2.  TAKE THE FOLLOWING AFFIRMATIVE ACTIONS IN ORDER TO EFFECTUATE THE
 PURPOSES AND POLICIES OF EXECUTIVE ORDER 11491, AS AMENDED:
 
    (A) UPON REQUEST OF AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 LOCAL UNION 1760, AFL-CIO, THE AUTHORIZED REPRESENTATIVE OF THE NATIONAL
 OFFICE, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO (NATIONAL
 COUNCIL OF SOCIAL SECURITY PAYMENT CENTER LOCALS), THE EXCLUSIVELY
 RECOGNIZED LABOR ORGANIZATION, RESCIND THE FLEXTIME PROGRAM INSTITUTED
 ON NOVEMBER 11, 1977, AND RETURN TO THE PRIOR SYSTEM OF WORK HOURS OR
 UPON REQUEST, MEET AND CONFER WITH REGARD TO THE MODIFICATION THEREOF.
 
    (B) NOTIFY THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL
 UNION 1760, AFL-CIO, THE AUTHORIZED REPRESENTATIVE OF THE NATIONAL
 OFFICE, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO (NATIONAL
 COUNCIL OF SOCIAL SECURITY PAYMENT CENTER LOCALS), THE EMPLOYEES'
 EXCLUSIVE BARGAINING REPRESENTATIVE, OF ANY INTENDED CHANGE IN EMPLOYEES
 WORK HOURS AND, UPON REQUEST, MEET AND CONFER, TO THE EXTENT CONSONANT
 WITH LAW AND REGULATIONS, ON THE DECISION, THE PROCEDURES WHICH
 MANAGEMENT WILL OBSERVE IN IMPLEMENTING SUCH CHANGE, AND ON THE IMPACT
 SUCH CHANGE WILL HAVE ON ADVERSELY AFFECTED EMPLOYEES IN THE EXCLUSIVELY
 RECOGNIZED UNIT.
 
    (C) POST AT ITS FACILITY AT THE NORTHEASTERN PROGRAM SERVICE CENTER
 COPIES OF THE ATTACHED NOTICE MARKED "APPENDIX" ON FORMS TO BE FURNISHED
 BY THE FEDERAL LABOR RELATIONS AUTHORITY.  UPON RECEIPT OF SUCH FORMS,
 THEY SHALL BE SIGNED BY THE DIRECTOR OF THE NORTHEASTERN PROGRAM SERVICE
 CENTER AND SHALL BE POSTED AND MAINTAINED BY HIM FOR 60 CONSECUTIVE DAYS
 THEREAFTER IN CONSPICUOUS PLACES, INCLUDING ALL BULLETIN BOARDS AND
 OTHER PLACES WHERE NOTICES TO EMPLOYEES ARE CUSTOMARILY POSTED.  THE
 DIRECTOR SHALL TAKE REASONABLE STEPS TO INSURE THAT SUCH NOTICES ARE NOT
 ALTERED, DEFACED, OR COVERED BY ANY OTHER MATERIAL.
 
    (D) NOTIFY THE 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.
 
    ISSUED, WASHINGTON, D.C., JUNE 14, 1979
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                        HENRY B.FRAZIER III, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
        APPENDIX NOTICE TO ALL EMPLOYEES PURSUANT TO A DECISION AND
 
           ORDER OF THE FEDERAL LABOR RELATIONS AUTHORITY AND IN
 
          ORDER TO EFFECTUATE THE POLICIES OF CHAPTER 71 OF TITLE
 
                5 OF THE UNITED STATES CODE FEDERAL SERVICE
 
              LABOR-MANAGEMENT RELATIONS WE HEREBY NOTIFY OUR
 
                             EMPLOYEES THAT:
 
    WE WILL NOT SOLICIT FROM EMPLOYEES REPRESENTED BY THE NATIONAL
 OFFICE, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO (NATIONAL
 COUNCIL OF SOCIAL SECURITY PAYMENT CENTER LOCALS), THROUGH A
 QUESTIONNAIRE, OPINIONS AND SENTIMENTS INVOLVING PERSONNEL POLICIES AND
 PRACTICES AND MATTERS AFFECTING WORKING CONDITIONS RELATIVE TO FLEXTIME
 WORK HOURS WITHOUT FIRST OBTAINING THE CONSENT OF AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, LOCAL UNION 1760, AFL-CIO, THE AUTHORIZED
 REPRESENTATIVE OF THE EXCLUSIVELY RECOGNIZED LABOR ORGANIZATION.
 
    WE WILL NOT CHANGE WORK HOURS FROM A STANDARD SCHEDULE TO A FLEXTIME
 PROGRAM APPLICABLE TO EMPLOYEES REPRESENTED EXCLUSIVELY BY THE NATIONAL
 OFFICE, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO (NATIONAL
 COUNCIL OF SOCIAL SECURITY PAYMENT CENTER LOCALS), WITHOUT FIRST
 NOTIFYING THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL UNION
 1760, AFL-CIO, THE AUTHORIZED REPRESENTATIVE OF THE EXCLUSIVELY
 RECOGNIZED LABOR ORGANIZATION, AND AFFORDING IT THE OPPORTUNITY TO MEET
 AND CONFER, TO THE EXTENT CONSONANT WITH LAW AND REGULATIONS, ON THE
 DECISION, THE PROCEDURES WHICH MANAGEMENT WILL OBSERVE IN IMPLEMENTING
 SUCH CHANGE, AND ON THE IMPACT SUCH CHANGE WILL HAVE ON ADVERSELY
 AFFECTED EMPLOYEES IN THE EXCLUSIVELY RECOGNIZED UNIT.
 
    WE WILL NOT IN ANY LIKE OR RELATED MANNER INTERFERE WITH, RESTRAIN,
 OR COERCE OUR EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY
 EXECUTIVE ORDER 11491, AS AMENDED.
 
    WE WILL, UPON REQUEST OF AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 LOCAL UNION 1760, AFL-CIO, THE AUTHORIZED REPRESENTATIVE OF THE NATIONAL
 OFFICE, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO (NATIONAL
 COUNCIL OF SOCIAL SECURITY PAYMENT CENTER LOCALS), THE EXCLUSIVELY
 RECOGNIZED LABOR ORGANIZATION, RESCIND THE FLEXTIME PROGRAM INSTITUTED
 ON NOVEMBER 11, 1977, AND RETURN TO THE PRIOR SYSTEM OF WORK HOURS OR
 UPON REQUEST MEET AND CONFER WITH REGARD TO THE MODIFICATION THEREOF.
 
    WE WILL NOTIFY THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL
 UNION 1760, AFL-CIO, THE AUTHORIZED REPRESENTATIVE OF THE NATIONAL
 OFFICE, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO (NATIONAL
 COUNCIL OF SOCIAL SECURITY PAYMENT CENTER LOCALS), THE EMPLOYEES'
 EXCLUSIVE BARGAINING REPRESENTATIVE, OF ANY INTENDED CHANGE IN EMPLOYEES
 WORK HOURS AND, UPON REQUEST, MEET AND CONFER, TO THE EXTENT CONSONANT
 WITH LAW AND REGULATIONS, ON THE DECISION, THE PROCEDURES WHICH
 MANAGEMENT WILL OBSERVE IN IMPLEMENTING SUCH CHANGE, AND ON THE IMPACT
 SUCH CHANGE WILL HAVE ON ADVERSELY AFFECTED EMPLOYEES IN THE EXCLUSIVELY
 RECOGNIZED UNIT.
 
                           (AGENCY OR ACTIVITY)
 
    DATED:  . . .  BY:  . . .
 
                                (SIGNATURE)
 
    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 ITS PROVISIONS, THEY MAY COMMUNICATE DIRECTLY WITH THE REGIONAL
 DIRECTOR OF THE FEDERAL LABOR RELATIONS AUTHORITY WHOSE ADDRESS IS:
 ROOM 1751, 26 FEDERAL PLAZA, NEW YORK, NEW YORK 10007.
 
    SAMUEL S. GOLD, ESQUIRE
 
    6401 SECURITY BOULEVARD
 
    WEST HIGHRISE BUILDING
 
    BALTIMORE, MD 21235
 
                            FOR THE RESPONDENT
 
    HERBERT COLLENDER, PRESIDENT
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, AFL-CIO, LOCAL 1760
 
    P.O. BOX 626
 
    CORONA-ELMHURST, NY 11373
 
                            FOR THE COMPLAINANT
 
    BEFORE:  SALVATORE J. ARRIGO
 
                         ADMINISTRATIVE LAW JUDGE
 
                      RECOMMENDED DECISION AND ORDER
 
                           PRELIMINARY STATEMENT
 
    THIS PROCEEDING ARISES UNDER THE PROVISIONS OF EXECUTIVE ORDER 11491,
 AS AMENDED (HEREINAFTER REFERRED TO AS THE ORDER).  PURSUANT TO THE
 REGULATIONS OF THE ASSISTANT SECRETARY OF LABOR FOR LABOR MANAGEMENT
 RELATIONS (HEREINAFTER REFERRED TO AS THE ASSISTANT SECRETARY), AN ORDER
 CONSOLIDATING CASES AND NOTICE OF HEARING ON COMPLAINTS ISSUED ON APRIL
 11, 1978 WITH REFERENCE TO ALLEGED VIOLATIONS OF 19(A)(1) AND (6) OF THE
 ORDER.  AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL
 UNION 1760 (HEREINAFTER REFERRED TO AS THE UNION OR COMPLAINANT)
 ESSENTIALLY CONTENDS THAT THE DEPARTMENT OF HEALTH, EDUCATION AND
 WELFARE, SOCIAL SECURITY ADMINISTRATION, BUREAU OF RETIREMENT AND
 SURVIVORS INSURANCE, NORTHEASTERN PROGRAM SERVICE CENTER (HEREINAFTER
 REFERRED TO AS THE CENTER OR THE RESPONDENT) VIOLATED THE ORDER BY
 ALLEGEDLY BYPASSING THE UNION WHEN DISTRIBUTING A QUESTIONNAIRE TO
 EMPLOYEES CONCERNING A "FLEXTIME" APPROACH TO WORK DAYS, /2/ AND
 REFUSING TO NEGOTIATE WITH THE UNION RELATIVE TO RESPONDENT'S ADOPTING A
 "FLEXTIME" PROGRAM APPLICABLE TO UNIT EMPLOYEES.  /3/
 
    AT THE HEARING HELD ON MAY 16, 1978, THE PARTIES WERE REPRESENTED AND
 AFFORDED FULL OPPORTUNITY TO ADDUCE EVIDENCE AND CALL, EXAMINE AND
 CROSS-EXAMINE WITNESSES AND ARGUE ORALLY.  BOTH PARTIES FILED BRIEFS.
 
    UPON THE ENTIRE RECORD IN THIS MATTER, MY OBSERVATION OF THE
 WITNESSES AND THEIR DEMEANOR AND FROM MY EVALUATION OF THE EVIDENCE, I
 MAKE THE FOLLOWING:
 
                             FINDINGS OF FACT
 
    1.  AT ALL TIMES MATERIAL HEREIN THE UNION HAS BEEN THE AGENT OF THE
 EXCLUSIVE REPRESENTATIVE, THE NATIONAL OFFICE, AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, AFL-CIO (NATIONAL COUNCIL OF SOCIAL SECURITY
 PAYMENT CENTER LOCALS), FOR THE PURPOSE OF REPRESENTING THE RESPONDENT'S
 EMPLOYEES IN LOCAL MATTERS AFFECTING PERSONNEL POLICIES AND PRACTICES
 AND OTHER WORKING CONDITIONS.  /4/
 
    2.  ON MARCH 28, 1977, THE NORTHEASTERN PROGRAM SERVICE CENTER WAS
 NOTIFIED THAT THE COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION HAD
 AUTHORIZED THE IMPLEMENTATION OF "FLEXTIME" WHERE FEASIBLE THROUGHOUT
 SOCIAL SECURITY ADMINISTRATION HEADQUARTERS AND THE SIX PROGRAM SERVICE
 CENTERS INCLUDING THE NORTHEASTERN CENTER.  /5/ GUIDELINES FOR SUCH
 ACTION WERE PROVIDED AND THE CENTER WAS NOTIFIED THAT ANY DECISION
 REGARDING FLEXTIME MUST BE BASED ON FINDINGS FROM A FEASIBILITY STUDY
 CONDUCTED BY THE CENTER'S MANAGEMENT.  THE CENTER WAS FURTHER NOTIFIED
 THAT THE FEASIBILITY STUDY WAS TO BE COMPLETED BY MAY 30, 1977 AND IF
 THE FEASIBILITY COMMITTEE RECOMMENDED THAT FLEXTIME BE ADOPTED A
 PROPOSAL COMMITTEE WAS TO BE ESTABLISHED.  A PROPOSED FLEXTIME PROGRAM
 WOULD THEN BE SUBMITTED TO THE OFFICE OF MANAGEMENT AND ADMINISTRATION
 OF THE BUREAU OF RETIREMENT AND SURVIVORS INSURANCE WITHIN 90 DAYS OF
 APPROVAL OF THE FEASIBILITY REPORT.  EMPLOYEE INTEREST AND DATA WAS TO
 BE ASCERTAINED BY USE OF A QUESTIONNAIRE PRIOR TO THE CENTER'S
 SUBMISSION OF ITS PROPOSED FLEXTIME PROGRAM TO THE OFFICE OF MANAGEMENT
 AND ADMINISTRATION (OMA).
 
    3.  THE CENTER DETERMINED THAT THE UNION'S PARTICIPATION IN THE
 DEVELOPMENT OF THE PROPOSED PROGRAM WOULD BE LIMITED TO "CONSULTATION"
 AS APPOSED TO "NEGOTIATION".
 
    4.  IN EARLY MAY 1977, THE CENTER'S FEASIBILITY COMMITTEE, COMPOSED
 OF MANAGEMENT AND SUPERVISORY EMPLOYEES ONLY, FORWARDED TO OMA, FOR
 APPROVAL, ITS STUDY AND DETERMINATION THAT THE ADOPTION OF FLEXTIME AT
 THE CENTER WAS BOTH FEASIBLE AND DESIRABLE.
 
    5.  ON OR ABOUT MAY 10, 1977, THE CENTER ESTABLISHED A COMMITTEE TO
 DEVELOP A PROPOSAL FOR PARTICIPATION IN A FLEXTIME PROGRAM.  THE
 COMMITTEE CONSISTED OF FOUR MANAGEMENT REPRESENTATIVES AND ONE UNION
 REPRESENTATIVE, JAMES ARMET, VICE-PRESIDENT OF LOCAL 1760.
 
    6.  THE PROPOSAL COMMITTEE MET ON FIVE OCCASIONS BETWEEN MAY 10 AND
 JUNE 9, 1977 DURING WHICH PERIOD ALL FIVE MEMBERS OF THE COMMITTEE
 PARTICIPATED IN THE DEVELOPMENT OF A FLEXTIME PROPOSAL INCLUDING THE
 FORMULATION OF A QUESTIONNAIRE TO BE SENT TO EMPLOYEES PURSUANT TO OMA
 GUIDELINES.
 
    7.  AT THE PROPOSAL COMMITTEE MEETING OF MAY 10, 1977, ARMET URGED,
 AND THE MANAGEMENT REPRESENTATIVES REFUSED, THE INCLUSION OF TWO
 QUESTIONS IN THE QUESTIONNAIRE:  ONE DEALING WITH THE TIMEKEEPING SYSTEM
 PREFERRED BY EMPLOYEES AND THE OTHER CONCERNING EMPLOYEE PREFERENCE AS
 TO FLEXIBLE LUNCH AND BREAK PERIODS.
 
    8.  BY MEMORANDUM DATED MAY 12, 1977 TO MYRNA REICH, THE PROPOSED
 COMMITTEE CHAIRPERSON, ARMET AGAIN URGED THAT THE QUESTIONNAIRE INCLUDE
 THE TWO QUESTIONS PREVIOUSLY PROPOSED.  ARMET, INTER ALIA, NOTIFIED
 REICH THAT "(A) ANY UNILATERAL DECISION ON THE PART OF MANAGEMENT TO
 ISSUE THE SUBJECT QUESTIONNAIRE WITHOUT INCLUSION OF THE TWO QUESTIONS
 PROPOSED BY THE LOCAL WILL NOT BE CONDUCIVE TO GOOD LABOR-MANAGEMENT
 RELATIONS WITHIN THE PROGRAM SERVICE CENTER.  ADDITIONALLY ANY
 UNILATERAL MANAGEMENT ACTION WILL NECESSITATE THE LOCAL'S REQUESTING
 NEGOTIATIONS ON ALL ASPECTS OF FLEXTIME IMPLEMENTATION".  /6/
 
    9.  SUBSEQUENTLY, ARMET ASCERTAINED FROM REICH THAT THE CENTER
 PLANNED TO ISSUE THE QUESTIONNAIRE TO EMPLOYEES ON MAY 16, 1977 WITHOUT
 INCLUDING THE TWO ITEMS HE OFFERED.
 
    10.  BY MEMORANDUM DATED MAY 13, 1977 HERBERT COLLENDER, PRESIDENT OF
 LOCAL 1760, MADE A "FORMAL REQUEST" TO NEGOTIATE ON THE MATTER OF
 FLEXTIME.  COLLENDER ATTACHED A PROPOSED MEMORANDUM OF UNDERSTANDING
 COVERING NEGOTIATION GROUND RULES.
 
    11.  ON MAY 16, 1977 THE CENTER DISTRIBUTED THE QUESTIONNAIRE TO
 EMPLOYEES TO BE FILLED OUT ON WORK-TIME AND RETURNED THAT SAME DAY.  THE
 QUESTIONNAIRE DID NOT CONTAIN THE TWO QUESTIONS WHICH WERE THE SUBJECT
 OF THE UNION'S CONCERN.  THE QUESTIONNAIRE CONSISTED OF A TWO PAGE
 INSTRUCTION SHEET AND 27 QUESTIONS.  THE INSTRUCTION SHEETS EXPLAINED
 HOW FLEXTIME OPERATES IN GENERAL AND SET FORTH THE CENTER'S OPINION AS
 TO ADVANTAGES AND DISADVANTAGES OF FLEXTIME.  THUS, THE INSTRUCTIONS
 STATED:
 
    "FLEXTIME WILL OFFER THE ADVANTAGES OF ALLOWING PEOPLE TO ADJUST
 THEIR WORK HOURS TO THEIR
 
    PERSONAL SCHEDULES, MAKING IT EASIER TO FORM CARPOOLS, AND OFFERING
 MORE OPPORTUNITY TO
 
    PARTICIPATE IN EDUCATIONAL, CIVIC, FAMILY, AND RECREATIONAL
 ACTIVITIES.
 
    "THERE ARE SOME DRAWBACKS TO FLEXTIME.  IT MAY NOT BE WORKABLE FOR
 ALL JOBS, AND THEREFORE
 
    EMPLOYEES IN CERTAIN JOBS MAY BE LIMITED IN THEIR PARTICIPATION.  FOR
 EXAMPLE, IT WILL BE
 
    NECESSARY TO PROVIDE FOR TELEPHONE COVERAGE THROUGHOUT SET HOURS IN
 CERTAIN LOCATIONS.  IN
 
    ORDER TO PROVIDE SUPERVISION FOR THE ENTIRE WORKDAY, SUPERVISORS MAY
 HAVE TO ARRANGE WORK
 
    SCHEDULES.  ADDITIONALLY, AN EMPLOYEE MAY FIND THAT HIS/HER
 SUPERVISOR IS NOT WORKING EXACTLY
 
    THE SAME HOURS AS HE/SHE DOES."
 
    THE INSTRUCTIONS ALSO NOTED THAT THE PURPOSE OF THE QUESTIONNAIRE WAS
 TO "DETERMINE THE EXTENT OF EMPLOYEES INTEREST IN FLEXTIME."
 
    CERTAIN QUESTIONS SOUGHT GENERAL EMPLOYEE INFORMATION PERTAINING TO
 AGE, SEX, WORK COMPONENT, SUPERVISORY STATUS AND MATTERS CONCERNING
 COMMUTING PRACTICES AND ATTITUDES.  OTHER QUESTIONS WERE SPECIFICALLY
 DIRECTED AT EMPLOYEE SENTIMENT ON FLEXTIME, SUCH AS:  /7/
 
    "WHAT IS YOUR OVERALL REACTION TO THE FLEXTIME GUIDELINES GIVEN ON
 THE INSTRUCTION PAGE OF
 
    THIS QUESTIONNAIRE", (CHOICE OF ANSWERS FROM "I LIKE THESE MUCH
 BETTER THAN THE RULES AND
 
    REGULATIONS COVERING STANDARD, NONFLEXTIME SHIFTS" TO "LESS WELL THAN
 THE RULES ETC.")
 
    "WHAT EFFECT DO YOU THINK WORKING FLEXIBLE HOURS COMPARED WITH
 WORKING A STANDARD SHIFT
 
    WILL HAVE ON HOW WELL YOU LIKE YOUR JOB."
 
    "WHAT EFFECT DO YOU THINK WORKING FLEXIBLE HOURS COMPARED WITH
 WORKING A STANDARD SHIFT
 
    WILL HAVE ON YOUR USE OF SICK LEAVE."
 
    "HOW IMPORTANT IS IT TO YOU TO 'HAVE A SAY' IN DECIDING ON YOUR WORK
 HOURS."
 
    "UNDER FLEXTIME, EMPLOYEES AND SUPERVISORS MAY NOT BE WORKING EXACTLY
 THE SAME HOURS.  HOW
 
    MUCH OF A PROBLEM WILL THIS BE TO YOU".
 
    "CURRENTLY, HOW DO YOU FEEL ABOUT THE TIME AND ATTENDANCE RULES AND
 REGULATIONS WHERE YOU
 
    WORK."
 
    "AT THE PRESENT TIME, HOW DO YOU RATE YOUR JOB SATISFACTION."
 
    "HOW IMPORTANT IS IT FOR YOU TO HAVE SOME FLEXIBILITY IN YOUR WORK
 HOURS."
 
    12.  BY LETTER OF MAY 16 OR 17, 1977 THE CENTER RESPONDED TO
 COLLENDER'S MAY 13, 1977 MEMORANDUM, SUPRA, AND NOTIFIED THE UNION THAT
 IT WOULD ENTER INTO CONSULTATION WITH THE UNION PRIOR TO THE
 IMPLEMENTATION OF FLEXTIME BUT SINCE THERE WAS NO REQUIREMENT TO ENTER
 INTO NEGOTIATIONS, IT WAS RETURNING THE MEMORANDUM OF UNDERSTANDING
 REGARDING NEGOTIATION GROUND RULES.
 
    13.  AFTER THE EMPLOYEES RETURNED THE QUESTIONNAIRE ON MAY 16, 1977,
 THE RESPONSES WERE TALLIED AND THE PROPOSAL COMMITTEE, INCLUDING ARMET,
 MET ON SEVERAL OCCASIONS TO DISCUSS WHAT PROPOSALS SHOULD BE MADE.
 ARMET WAS UNABLE TO PERSUADE THE COMMITTEE TO ADOPT CERTAIN PROPOSALS,
 PREVIOUSLY URGED, DEALING WITH AN EARLIER STARTING TIME OPTION AND TIME
 RECORDATION MACHINES.  ON JUNE 9, 1977, A MEMORANDUM WAS ISSUED FROM THE
 COMMITTEE APPROVING THE PROPOSALS THE COMMITTEE ADOPTED BY MAJORITY
 VOTE.
 
    14.  ON JUNE 9, 1977, THE PROPOSAL COMMITTEE SENT TO THE CENTER
 DIRECTOR A REPORT WHICH NOTED THAT " . . . THE REPORT REPRESENTS THE
 COMPOSITE FINDINGS AND RECOMMENDATIONS OF THE COMMITTEE.  WHILE THERE
 WAS NOT UNANIMOUS AGREEMENT ON EVERY ISSUE, THE PROPOSAL AND ITS
 COMPONENT PARTS DOES IN FACT REPRESENT MAJORITY OPINION.
 
    15.  THEREAFTER, REPRESENTATIVES OF THE UNION MET ONCE WITH THE
 CENTER DIRECTOR AND TWICE WITH LABOR RELATIONS SPECIALIST JULIAN BERGMAN
 AND DISCUSSED THE PROPOSALS AND THE UNION'S OBJECTIONS.  /8/ BERGMAN
 THEN TELEPHONED ARMET IN MID-JULY AND TOLD HIM THAT THE CENTER WAS
 SUBMITTING ITS PROPOSALS TO HIGHER HEADQUARTERS.  ARMET INQUIRED IF THE
 CENTER WAS GOING TO INDICATE THE UNION'S POSITION ON THE MATTER AND
 BERGMAN ANSWERED IN THE AFFIRMATIVE.  BERGMAN TOLD ARMET IF HE HAD
 DISAGREEMENT WITH THE SUBMISSION TO SUBMIT IT IN WRITING.
 
    16.  ON JULY 20, 1977 THE CENTER DIRECTOR FORWARDED THE CENTER'S
 FLEXTIME PROPOSAL TO THE BUREAU OF RETIREMENT AND SURVIVORS INSURANCE.
 THE COVER MEMORANDUM TO THE PROPOSAL RELATED THAT THE PROPOSAL WAS
 "DISCUSSED" WITH THE UNION AND "APPROPRIATE CONSULTATION" TOOK PLACE.
 THE MEMORANDUM INDICATED THAT IN GENERAL THE UNION AGREED WITH THE
 MAJORITY OF THE COMMITTEE'S FINDINGS AND RECOMMENDATIONS AND NOTED THAT
 "A FEW AREAS COULD NOT BE RESOLVED-- MORNING FLEXBAND HOUR, A SOLID CORE
 PERIOD WITH FIXED LUNCHES AND BREAKS, THE USE OF MACHINES VIS-A-VIS THE
 HONOR SYSTEM TO RECORD TIME AND A REQUEST FOR ADDITIONAL ADMINISTRATIVE
 TIME FOR UNION OFFICERS.  /9/
 
    17.  ON SEPTEMBER 12, 1977 OMA NOTIFIED THE CENTER THAT ITS FLEXTIME
 PROPOSAL HAD BEEN APPROVED.
 
    18.  BY LETTER TO THE CENTER DATED SEPTEMBER 28, 1977 THE UNION
 REQUESTED THAT THE PARTIES "MEET AND CONFER ON THE (FLEXTIME) PROPOSAL,
 ITS IMPLEMENTATION AND ADVERSE AFFECT." THE UNION SUGGESTED OCTOBER 3 AS
 THE DATE FOR A PRELIMINARY MEETING ON THE MATTER.
 
    19.  ON OCTOBER 4, 1977 THE CENTER NOTIFIED ITS EMPLOYEES THAT
 FLEXTIME WOULD BE IMPLEMENTED AT THE CENTER WITHIN THREE TO FIVE WEEKS.
 
    20.  BY MEMORANDUM DATED OCTOBER 5, 1977 THE CENTER RESPONDED TO THE
 UNION'S SEPTEMBER 28 LETTER, ABOVE, AND ADVISED THE UNION THAT THE
 CENTER HAD NO OBLIGATION TO "MEET AND CONFER" ONLY THAT OF
 "CONSULTATION." THE CENTER ALSO CONTENDED, INTER ALIA, THAT IT HAD FULLY
 "CONSULTED" WITH THE UNION ON THE MATTER AND SINCE THE FLEXTIME PROPOSAL
 SUBMITTED TO OMA WAS THE PROGRAM TO BE IMPLEMENTED, THERE WAS NO NEED TO
 ENTER FURTHER "CONSULTATION" AT THIS TIME.  IN ADDITION, THE CENTER
 STATED " . . . AS THE PROPOSAL HAS BEEN APPROVED BY SSA, IT IS THIS
 FLEXTIME PLAN THAT WE MUST IMPLEMENT AND WE MUST IMPLEMENT IT IN ACCORD
 WITH THOSE GUIDELINES SET FORTH IN THE PLAN."
 
    THE CENTER WENT ON TO SUGGEST SOME ITEMS IT WOULD LIKE TO "DISCUSS"
 WITH THE UNION WHICH INCLUDED LOCATION OF MACHINES, THE PACKAGE OF
 MATERIALS TO BE DISTRIBUTED TO EMPLOYEES AND LUNCH BREAK SCHEDULES.  THE
 UNION WAS TO CONTACT BERGMAN TO ARRANGE A MEETING "TO DISCUSS THESE
 ITEMS."
 
    21.  BY MEMORANDUM DATED OCTOBER 11, 1977 THE UNION NOTIFIED THE
 CENTER THAT IT WOULD NOT ACCEPT ANYTHING LESS THAN "BARGAINING" ON
 FLEXTIME AND ACCEPTING LESS MIGHT BE CONSTRUED TO BE A WAIVER OF THE
 UNION'S RIGHT TO "NEGOTIATE" ON THE MATTER.
 
    22.  ON OCTOBER 12, 1977 THE CENTER ADVISED THE UNION THAT IT WAS
 ADHERING TO ITS OCTOBER 5 MEMORANDUM TO THE UNION, SUPRA;  THAT
 "CONSULTATION" WAS ENTERED INTO WITH THE UNION PRIOR TO SUBMISSION OF
 THE FLEXTIME PROPOSAL FOR APPROVAL;  AND THE CENTER WAS READY TO
 "CONSULT" WITH THE UNION ON THOSE AREAS STILL OPEN FOR CONSULTATION AS
 NOTED IN THEIR OCTOBER 5 COMMUNICATION.  IF SUCH "CONSULTATION" WAS
 DESIRED, THE UNION WAS TO NOTIFY THE CENTER BY CLOSE OF BUSINESS THAT
 SAME DAY.  /10/
 
    23.  ON NOVEMBER 7, 1977 THE EMPLOYEES WERE NOTIFIED BY THE CENTER
 THAT FLEXTIME WOULD OFFICIALLY BEGIN ON NOVEMBER 11, 1977 AND WOULD
 ENTAIL A NEW LUNCH AND BREAK SCHEDULE FOR EMPLOYEES.  APPARENTLY
 IMPLEMENTATION OCCURRED ON NOVEMBER 11.
 
                        DISCUSSION AND CONCLUSIONS
 
    BECAUSE OF THE UNION'S REPRESENTATIONAL STATUS THE CENTER WAS
 OBLIGATED TO NEGOTIATE WITH THE UNION ON LOCAL MATTERS AFFECTING
 PERSONNEL POLICIES AND PRACTICES AND OTHER WORKING CONDITIONS.  HOWEVER,
 THE CENTER ACKNOWLEDGES ONLY AN OBLIGATION TO "CONSULT" AS OPPOSED TO
 "NEGOTIATE" WITH THE UNION, OBVIOUSLY SOMETHING LESS THAN FULFILLING THE
 OBLIGATION OF ENGAGING IN A GOOD-FAITH EFFORT TO REACH AGREEMENT.
 
    I CONCLUDE THAT CHANGING CENTER EMPLOYEES' WORK HOURS BY ADOPTING
 FLEXTIME IS A MATTER AFFECTING WORKING CONDITIONS OF EMPLOYEES AND IS A
 NEGOTIABLE MATTER WITHIN THE MEANING OF SECTION 11(A) OF THE ORDER.
 /11/ I FURTHER CONCLUDE THAT THE QUESTIONNAIRE DISTRIBUTED BY THE CENTER
 CONTAINED SOME MATTERS WHICH INVOLVED PERSONNEL POLICIES AND PRACTICES
 AND MATTERS AFFECTING WORKING CONDITIONS WITHIN THE MEANING OF SECTION
 11(A) OF THE ORDER.  /12/
 
    INDEED, THE QUESTIONNAIRE ITSELF SOUGHT TO OBTAIN DIRECTLY FROM UNIT
 EMPLOYEES THEIR OPINIONS AND SENTIMENTS REGARDING MATTERS, WITHIN THE
 SCOPE OF THE COLLECTIVE BARGAINING RELATIONSHIP.  SUCH DIRECT
 COMMUNICATIONS WITH UNIT EMPLOYEES BREACHES THE OBLIGATION THE CENTER
 OWES TO THE EXCLUSIVE REPRESENTATIVE TO DEAL ONLY WITH THE UNION IN SUCH
 MATTERS AND "TO TREAT IT AS THE ONLY FORMAL REPRESENTATIVE WHO SPEAKS
 FOR ALL UNIT EMPLOYEES." /13/ IN MY VIEW, THE CENTER'S ACTION IN
 DISTRIBUTION THE QUESTIONNAIRE TO EMPLOYEES WITHOUT THE CONSENT OF THE
 UNION AMOUNTED TO A BYPASS OF THE UNION WHICH UNDERMINED AND IMPAIRED
 ITS STATUS AS THE AGENT FOR THE EXCLUSIVE REPRESENTATIVE.  THUS, THE
 UNION'S SOLE RIGHT TO EXPRESS OPINION AND SENTIMENTS ON BEHALF OF
 EMPLOYEES WAS SUBSTANTIALLY ERODED WHEN THE CENTER OBTAINED INDIVIDUAL
 EMPLOYEES' VIEWS OF MATTERS APPROPRIATELY BELONGING TO THE EXCLUSIVE
 REPRESENTATIVE.  IN THE SCHEME OF COLLECTIVE BARGAINING IT IS THE
 EXCLUSIVE REPRESENTATIVE (OR ITS AGENT) WHICH SPEAKS ON BEHALF OF
 EMPLOYEES USING ITS EVALUATION OF EMPLOYEE SENTIMENT AND SUCH OTHER
 MATTERS IT CHOOSES TO TAKE INTO ACCOUNT THAT THE CENTER IS OBLIGATED TO
 CONSIDER.  WHEN THE UNION IS BYPASSED ON THIS REGARD, BARGAINING, IN
 EFFECT, TAKES PLACE DIRECTLY WITH EMPLOYEES AND NOT THROUGH THE
 EXCLUSIVE REPRESENTATIVE IN DEROGATION OF THE EXCLUSIVE REPRESENTATIVE'S
 RIGHTS.  /14/
 
    IN THE CASE HEREIN, THE UNION PARTICIPATED WITH THE FLEXTIME PROPOSAL
 COMMITTEE IN THE DEVELOPMENT OF THE QUESTIONNAIRE.  /15/ INDEED, THE
 UNION WAS PREPARED TO CONSENT TO THE DISTRIBUTION OF A QUESTIONNAIRE.
 HOWEVER, WHEN THE CENTER DECIDED TO REJECT THE UNION'S REQUEST FOR THE
 ADDITION OF TWO QUESTIONS TO THE QUESTIONNAIRE, THE UNION TIMELY
 NOTIFIED THE CENTER THAT IT OPPOSED ITS ISSUANCE.  UNDER THESE
 CIRCUMSTANCES THE UNION WITHHELD ITS CONSENT TO ALLOW THE CENTER TO
 DIRECTLY SOLICIT THE EMPLOYEES' OPINIONS ON COLLECTIVE BARGAINING
 MATTERS AND ACCORDINGLY, RESPONDENT VIOLATED SECTIONS 19(A)(1) AND (6)
 OF THE ORDER BY ISSUING THE QUESTIONNAIRE TO UNIT EMPLOYEES.
 
    I FURTHER CONCLUDE THAT RESPONDENT VIOLATED SECTIONS 19(A)(1) AND (6)
 OF THE ORDER BY REFUSING THE UNION'S NEGOTIATION DEMANDS OF MAY 13,
 1977, SEPTEMBER 28, 1977 AND OCTOBER 11, 1977.  THE UNION WAS NOT
 OBLIGED TO ACCEPT "CONSULTATION" OR ANYTHING LESS THAN FULL GOOD-FAITH
 NEGOTIATION ON THE FLEXTIME DECISION, ITS IMPLEMENTATION AND IMPACT.
 
    RESPONDENT CONTENDS THAT SINCE FLEXTIME GUIDELINES WERE ISSUED AND
 CONTROLLED BY HIGHER LEVEL AUTHORITY (OMA), THERE WAS NOTHING LEFT TO
 BARGAIN ABOUT AT THE CENTER LEVEL.  THIS CONTENTION IS REJECTED.  THE
 EVIDENCE REVEALS THAT ALL OF THE SIX SERVICE CENTERS DO NOT HAVE
 IDENTICAL FLEXTIME PROGRAMS, SO OBVIOUSLY LOCAL CENTER DIFFERENCES WERE
 RECOGNIZED AND UNIFORMITY OF PROGRAMS WAS NOT REQUIRED BY OMA.
 MOREOVER, THERE HAS BEEN NO SHOWING MADE AS TO COMPELLING NEED TO CHANGE
 WORK HOURS TO FLEXTIME, UNIFORMLY APPLIED AT ALL SERVICE CENTERS OR
 OTHERWISE.  /16/ IN ADDITION, IN ITS OCTOBER 5, 1977 RESPONSE TO THE
 UNION'S REQUEST TO NEGOTIATE, THE CENTER ACKNOWLEDGED THE EXISTENCE OF
 VARIOUS ITEMS WHICH WERE RESOLVABLE AT THE LOCAL LEVEL WHEN IT INDICATED
 IT WOULD LIKE TO "DISCUSS" SUCH MATTERS AS THE LOCATION OF MACHINES, THE
 PACKAGE OF MATERIALS TO BE DISTRIBUTED TO EMPLOYEES AND LUNCH BREAK
 SCHEDULES.
 
                              RECOMMENDATIONS
 
    HAVING FOUND THAT RESPONDENT HAS ENGAGED IN CONDUCT VIOLATIVE OF
 SECTIONS 19(A)(1) AND (B) OF THE ORDER, I RECOMMEND THAT THE ASSISTANT
 SECRETARY ADOPT THE FOLLOWING ORDER DESIGNED TO AFFECTUATE THE PURPOSES
 OF EXECUTIVE ORDER 11491, AS AMENDED.
 
                             RECOMMENDED ORDER
 
    PURSUANT TO SECTION 6(B) OF THE EXECUTIVE ORDER 11491, AS AMENDED,
 AND SECTION 203.26(B) OF THE REGULATIONS, THE ASSISTANT SECRETARY OF
 LABOR FOR LABOR-MANAGEMENT RELATIONS HEREBY ORDERS THAT THE DEPARTMENT
 OF HEALTH, EDUCATION AND WELFARE, SOCIAL SECURITY ADMINISTRATION, BUREAU
 OF RETIREMENT AND SURVIVORS INSURANCE, NORTHEASTERN PROGRAM SERVICE
 CENTER SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) SOLICITING FROM EMPLOYEES REPRESENTED BY THE NATIONAL OFFICE,
 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO (NATIONAL COUNCIL
 OF SOCIAL SECURITY PAYMENT CENTER LOCALS), THROUGH A QUESTIONNAIRE,
 OPINIONS AND SENTIMENTS INVOLVING PERSONNEL POLICIES AND PRACTICES AND
 MATTERS AFFECTING WORKING CONDITIONS RELATIVE TO FLEXTIME WORK HOURS
 WITHOUT FIRST OBTAINING THE CONSENT OF AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEE, AFL-CIO, LOCAL UNION 1760, THE AUTHORIZED REPRESENTATIVE OF
 THE EXCLUSIVELY RECOGNIZED LABOR ORGANIZATION.
 
    (B) CHANGING WORK HOURS FROM A STANDARD SCHEDULE TO A FLEXTIME
 PROGRAM APPLICABLE TO EMPLOYEES REPRESENTED EXCLUSIVELY BY THE NATIONAL
 OFFICE, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO (NATIONAL
 COUNCIL OF SOCIAL SECURITY PAYMENT CENTER LOCALS), WITHOUT FIRST
 NOTIFYING THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO,
 LOCAL UNION 1760, THE AUTHORIZED REPRESENTATIVE OF THE EXCLUSIVELY
 RECOGNIZED LABOR ORGANIZATION, AND AFFORDING IT THE OPPORTUNITY TO MEET
 AND CONFER, TO THE EXTENT CONSONANT WITH LAW AND REGULATIONS, ON THE
 DECISION, THE PROCEDURES WHICH MANAGEMENT WILL OBSERVE IN IMPLEMENTING
 SUCH CHANGE, AND ON THE IMPACT SUCH CHANGE WILL HAVE ON ADVERSELY
 AFFECTED EMPLOYEES IN THE EXCLUSIVELY RECOGNIZED UNIT.
 
    (C) IN ANY LIKE OR RELATED MANNER, INTERFERING WITH, RESTRAINING, OR
 COERCING ITS EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY
 EXECUTIVE ORDER 11491, AS AMENDED.
 
    2.  TAKE THE FOLLOWING AFFIRMATIVE ACTIONS IN ORDER TO EFFECTUATE THE
 PURPOSES AND POLICIES OF EXECUTIVE ORDER 11491, AS AMENDED:
 
    (A) UPON REQUEST OF LOCAL UNION 1760, THE AUTHORIZED REPRESENTATIVE
 OF THE NATIONAL OFFICE, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 AFL-CIO (NATIONAL COUNCIL OF SOCIAL SECURITY PAYMENT CENTER LOCALS), THE
 EXCLUSIVELY RECOGNIZED LABOR ORGANIZATION, RESCIND THE FLEXTIME PROGRAM
 INSTITUTED ON NOVEMBER 11, 1977 AND RETURN TO THE PRIOR SYSTEM OF WORK
 HOURS OR UPON REQUEST, MEET AND CONFER WITH REGARD TO THE MODIFICATION
 THEREOF.
 
    (B) NOTIFY THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO,
 LOCAL UNION 1760, THE AUTHORIZED REPRESENTATIVE OF THE NATIONAL OFFICE,
 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO (NATIONAL COUNCIL
 OF SOCIAL PAYMENT CENTER LOCALS), THE EMPLOYEES' EXCLUSIVE BARGAINING
 REPRESENTATIVE, OF ANY INTENDED CHANGE IN EMPLOYEES WORK HOURS AND, UPON
 REQUEST, MEET AND CONFER, TO THE EXTENT CONSONANT WITH LAW AND
 REGULATIONS, ON THE DECISION, THE PROCEDURES WHICH MANAGEMENT WILL
 OBSERVE IN IMPLEMENTING SUCH CHANGE, AND ON THE IMPACT SUCH CHANGE WILL
 HAVE ON ADVERSELY AFFECTED EMPLOYEES IN THE EXCLUSIVELY RECOGNIZED UNIT.
 
    (C) POST AT ITS FACILITY AT THE NORTHEASTERN PROGRAM CENTER COPIES OF
 THE ATTACHED NOTICE MARKED "APPENDIX" ON FORMS TO BE FURNISHED BY THE
 ASSISTANT SECRETARY OF LABOR FOR LABOR-MANAGEMENT RELATIONS.  UPON
 RECEIPT OF SUCH FORMS, THEY SHALL BE SIGNED BY THE DIRECTOR OF THE
 NORTHEASTERN PROGRAM SERVICE CENTER AND SHALL BE POSTED AND MAINTAINED
 BY HIM FOR 60 CONSECUTIVE DAYS THEREAFTER IN CONSPICUOUS PLACES,
 INCLUDING ALL BULLETIN BOARDS AND OTHER PLACES WHERE NOTICES TO
 EMPLOYEES ARE CUSTOMARILY POSTED.  THE DIRECTOR SHALL TAKE REASONABLE
 STEPS TO INSURE THAT SUCH NOTICES ARE NOT ALTERED, DEFACED, OR COVERED
 BY ANY OTHER MATERIAL.
 
    (D) PURSUANT TO SECTION 203.27 OF THE REGULATIONS, NOTIFY THE
 ASSISTANT SECRETARY, IN WRITING, WITHIN 30 DAYS FROM THE DATE OF THIS
 ORDER AS TO WHAT STEPS HAVE BEEN TAKEN TO COMPLY HEREWITH.
 
                            SALVATORE J. ARRIGO
 
                         ADMINISTRATIVE LAW JUDGE
 
    DATED:  13 DEC 1978
 
    WASHINGTON, D.C.
 
    SJA:DU
 
        APPENDIX NOTICE TO ALL EMPLOYEES PURSUANT TO A DECISION AND
 
               ORDER OF THE ASSISTANT SECRETARY OF LABOR FOR
 
           LABOR-MANAGEMENT RELATIONS AND IN ORDER TO EFFECTUATE
 
             THE POLICIES OF EXECUTIVE ORDER 11491, AS AMENDED
 
           LABOR-MANAGEMENT RELATIONS IN THE FEDERAL SERVICE WE
 
                    HEREBY NOTIFY OUR EMPLOYEES THAT:
 
    WE WILL NOT SOLICIT FROM EMPLOYEES REPRESENTED BY THE NATIONAL
 OFFICE, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO (NATIONAL
 COUNCIL OF SOCIAL SECURITY PAYMENT CENTER LOCALS), THROUGH A
 QUESTIONNAIRE, OPINIONS AND SENTIMENTS INVOLVING PERSONNEL POLICIES AND
 PRACTICES AND MATTERS AFFECTING WORKING CONDITIONS RELATIVE TO FLEXTIME
 WORK HOURS WITHOUT FIRST OBTAINING THE CONSENT OF AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL UNION 1760, THE AUTHORIZED
 REPRESENTATIVE OF THE EXCLUSIVELY RECOGNIZED LABOR ORGANIZATION.
 
    WE WILL NOT CHANGE WORK HOURS FROM A STANDARD SCHEDULE TO A FLEXTIME
 PROGRAM APPLICABLE TO EMPLOYEES REPRESENTED EXCLUSIVELY BY THE NATIONAL
 OFFICE, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO (NATIONAL
 COUNCIL OF SOCIAL SECURITY PAYMENT CENTER LOCALS), WITHOUT FIRST
 NOTIFYING THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO,
 LOCAL UNION 1760, THE AUTHORIZED REPRESENTATIVE OF THE EXCLUSIVELY
 RECOGNIZED LABOR ORGANIZATION, AND AFFORDING IT THE OPPORTUNITY TO MEET
 AND CONFER, TO THE EXTENT CONSONANT WITH LAW AND REGULATIONS, ON THE
 DECISION, THE PROCEDURES WHICH MANAGEMENT WILL OBSERVE IN IMPLEMENTING
 SUCH CHANGE, AND ON THE IMPACT SUCH CHANGE WILL HAVE ON ADVERSELY
 AFFECTED EMPLOYEES IN THE EXCLUSIVELY RECOGNIZED UNIT.
 
    WE WILL NOT IN ANY LIKE OR RELATED MANNER INTERFERE WITH, RESTRAIN,
 OR COERCE OUR EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY
 EXECUTIVE ORDER 11491, AS AMENDED.
 
    WE WILL, UPON REQUEST OF LOCAL UNION 1760, THE AUTHORIZED
 REPRESENTATIVE OF THE NATIONAL OFFICE, AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO (NATIONAL COUNCIL OF SOCIAL SECURITY PAYMENT CENTER
 LOCALS) THE EXCLUSIVELY RECOGNIZED LABOR ORGANIZATION, RESCIND THE
 FLEXTIME PROGRAM INSTITUTED ON NOVEMBER 11, 1977 AND RETURN TO THE PRIOR
 SYSTEM OF WORK HOURS OR UPON REQUEST MEET AND CONFER WITH REGARD TO THE
 MODIFICATION THEREOF.
 
    WE WILL NOTIFY THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 AFL-CIO, LOCAL UNION 1760, THE AUTHORIZED REPRESENTATIVE OF THE NATIONAL
 OFFICE, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO (NATIONAL
 COUNCIL OF SOCIAL SECURITY PAYMENT CENTER LOCALS), THE EMPLOYEES'
 EXCLUSIVE BARGAINING REPRESENTATIVE, OF ANY INTENDED CHANGE IN EMPLOYEES
 WORK HOURS AND, UPON REQUEST, MEET AND CONFER, TO THE EXTENT CONSONANT
 WITH LAW AND REGULATIONS, ON THE PROCEDURES WHICH MANAGEMENT WILL
 OBSERVE IN IMPLEMENTING SUCH CHANGE, AND ON THE IMPACT SUCH CHANGE WILL
 HAVE ON ADVERSELY AFFECTED EMPLOYEES IN THE EXCLUSIVELY RECOGNIZED UNIT.
 
                            AGENCY OR ACTIVITY
 
    DATED:  . . .  BY:  . . .
 
                                 SIGNATURE
 
    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 ADMINISTRATOR FOR LABOR-MANAGEMENT SERVICES, LABOR-MANAGEMENT
 SERVICE ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR, WHOSE ADDRESS
 IS:  ROOM 3515-- 1515 BROADWAY, NEW YORK, NEW YORK 10036.
 
    /1/ IN CONFORMITY WITH SECTION 902(B) OF THE CIVIL SERVICE REFORM ACT
 OF 1978 (92 STAT. 1224), THE PRESENT CASE IS DECIDED SOLELY ON THE BASIS
 OF E.O. 11491, AS AMENDED, AND AS IF THE NEW FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE (92 STAT. 1191) HAD NOT BEEN ENACTED.
  THE DECISION AND ORDER DOES NOT PREJUDGE IN ANY MANNER EITHER THE
 MEANING OR APPLICATION OF RELATED PROVISIONS IN THE NEW STATUTE OR THE
 RESULT WHICH WOULD BE REACHED BY THE AUTHORITY IF THE CASE HAD ARISEN
 UNDER THE STATUTE RATHER THAN THE EXECUTIVE ORDER.
 
    /2/ COMPLAINT FILED AUGUST 24, 1977.
 
    /3/ COMPLAINT FILED JANUARY 5, 1978.
 
    /4/ RESPONDENT CONTENDS THAT THE OBLIGATION OWED TO THE UNION WAS
 LIMITED ONLY TO "CONSULTATION" RATHER THAN "NEGOTIATION".  THIS MATTER
 WAS PREVIOUSLY THROUGHLY LITIGATED BY THE PARTIES IN DEPARTMENT OF
 HEALTH, EDUCATION AND WELFARE, SOCIAL SECURITY ADMINISTRATION, BRSI,
 NORTHEASTERN PROGRAM SERVICE CENTER, A/SLMR NO. 1101.  IN THAT CASE THE
 ASSISTANT SECRETARY ADOPTED THE ADMINISTRATIVE LAW JUDGE'S FINDINGS,
 CONCLUSIONS AND RECOMMENDATIONS REGARDING THE UNION'S REPRESENTATIONAL
 STATUS CONCERNING MATTERS AFFECTING THE NORTHEASTERN PROGRAM SERVICE
 CENTER.  THIS ISSUE HAVING BEEN RESOLVED BY THE ASSISTANT SECRETARY,
 FURTHER TREATMENT THEREOF IS UNWARRANTED HEREIN.
 
    /5/ "FLEXTIME" IS A SYSTEM OF WORKING HOURS WHICH ALLOWS EMPLOYEES TO
 CHOOSE THEIR STARTING TIMES, SUBJECT TO CERTAIN LIMITATIONS, ON A
 DAY-TO-DAY BASIS.
 
    /6/ REICH WAS NOT AUTHORIZED TO NEGOTIATE OR CONSULT WITH THE UNION
 ON BEHALF OF MANAGEMENT ON THIS OR ANY OTHER MATTER IN A
 LABOR-MANAGEMENT RELATIONS CONTEXT.  HOWEVER, COPIES OF THIS MEMORANDUM
 WERE SENT TO OFFICIALS OF THE CENTER RESPONSIBLE FOR LABOR-MANAGEMENT
 RELATIONS.
 
    /7/ MULTIPLE CHOICE ANSWERS WERE PROVIDED FOR EACH QUESTION.
 
    /8/ BERGMAN DESCRIBED HIS MEETINGS AS "FORMAL CONSULTATIONS" WHICH HE
 DEFINED AS AN EXCHANGE OF VI