Department of Health, Education and Welfare, Social Security Administration, Great Lakes Program Service Center, Chicago, Illinois (Respondent) and American Federation of Government Employees, AFL-CIO, Social Security Local 1395 (Complainant)

 



[ v02 p560 ]
02:0560(73)CA
The decision of the Authority follows:


 2 FLRA No. 73
 
 DEPARTMENT OF HEALTH, EDUCATION
 AND WELFARE, SOCIAL SECURITY ADMINISTRATION,
 GREAT LAKES PROGRAM SERVICE CENTER,
 CHICAGO, ILLINOIS
 Respondent
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO
 SOCIAL SECURITY LOCAL 1395
 Complainant
 
                                            Assistant Secretary
                                            Case No. 50-17087(CA)
 
                            DECISION AND ORDER
 
    ON JUNE 21, 1979, ADMINISTRATIVE LAW JUDGE WILLIAM B. DEVANEY ISSUED
 HIS RECOMMENDED DECISION AND ORDER IN THE ABOVE-ENTITLED PROCEEDING
 FINDING THAT THE RESPONDENT VIOLATED SECTION 19(A)(6) AND (1) OF
 EXECUTIVE ORDER 11491, AS AMENDED, AND RECOMMENDING THAT IT CEASE AND
 DESIST THEREFROM AND TAKE CERTAIN AFFIRMATIVE ACTION AS SET FORTH IN THE
 ATTACHED ADMINISTRATIVE LAW JUDGE'S RECOMMENDED DECISION AND ORDER.
 THEREAFTER, THE RESPONDENT FILED EXCEPTIONS TO THE ADMINISTRATIVE LAW
 JUDGE'S RECOMMENDED DECISION AND ORDER, AND THE COMPLAINANT FILED AN
 ANSWERING BRIEF.
 
    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 RULES AND REGULATIONS
 (44 F.R. 44741,JULY 30, 1979).  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 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 THIS CASE,
 INCLUDING THE RESPONDENT'S EXCEPTIONS AND THE COMPLAINANT'S ANSWERING
 BRIEF, THE AUTHORITY HEREBY ADOPTS THE ADMINISTRATIVE LAW JUDGE'S
 FINDINGS, CONCLUSIONS AND RECOMMENDATION.  /1/
 
                                   ORDER
 
    PURSUANT TO SECTION 2400.2 OF THE 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, GREAT LAKES PROGRAM SERVICE CENTER, CHICAGO, ILLINOIS,
 SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) REFUSING TO NEGOTIATE WITH LOCAL 1395, AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES,
 
    AFL-CIO, CONCERNING THE INDIVIDUAL PERFORMANCE ASSESSMENT SYSTEM FOR
 TRAINEES.
 
    (B) IN ANY LIKE OR RELATED MANNER, INTERFERING WITH, RESTRAINING OR
 COERCING ITS EMPLOYEES
 
    IN THE EXERCISE OF RIGHTS ASSURED BY EXECUTIVE ORDER 11491, AS
 AMENDED.
 
    2.  TAKE THE FOLLOWING AFFIRMATIVE ACTION IN ORDER TO EFFECTUATE THE
 PURPOSES OF EXECUTIVE ORDER 11491, AS AMENDED:
 
    (A) WITHDRAW, IF ALREADY IMPLEMENTED, ANY INDIVIDUAL PERFORMANCE
 ASSESSMENT SYSTEM FOR
 
    TRAINEES.
 
    (B) NOTIFY LOCAL 1395, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 AFL-CIO, AS THE
 
    AUTHORIZED REPRESENTATIVE OF THE NATIONAL OFFICE, AMERICAN FEDERATION
 OF GOVERNMENT EMPLOYEES,
 
    AFL-CIO (NATIONAL COUNCIL OF SOCIAL SECURITY PAYMENT CENTER LOCALS),
 THE EXCLUSIVE BARGAINING
 
    REPRESENTATIVE OF RESPONDENT'S EMPLOYEES, OF ANY PROPOSED INDIVIDUAL
 PERFORMANCE ASSESSMENT
 
    SYSTEM FOR TRAINEES, AND, UPON REQUEST, NEGOTIATE IN GOOD FAITH, TO
 THE EXTENT CONSONANT WITH
 
    LAW AND REGULATIONS, ON ANY SUCH PROPOSAL.
 
    (C) POST AT ITS FACILITIES AT THE GREAT LAKES 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 GREAT LAKES
 
    PROGRAM SERVICE CENTER AND THEY SHALL BE POSTED AND MAINTAINED BY HIM
 FOR 60 CONSECUTIVE DAYS
 
    THEREAFTER IN CONSPICUOUS PLACES, INCLUDING ALL 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., JANUARY 25, 1980
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, 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 REFUSE TO BARGAIN WITH LOCAL 1395, AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, AFL-CIO, WITH RESPECT TO ANY INDIVIDUAL
 PERFORMANCE ASSESSMENT SYSTEM FOR TRAINEES.
 
    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 WITHDRAW ANY INDIVIDUAL PERFORMANCE ASSESSMENT SYSTEM FOR
 TRAINEES WE HAVE IMPLEMENTED AND NOTIFY LOCAL 1395, AMERICAN FEDERATION
 OF GOVERNMENT EMPLOYEES, AFL-CIO, THE AUTHORIZED REPRESENTATIVE OF THE
 NATIONAL OFFICE, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO
 (NATIONAL COUNCIL OF SOCIAL SECURITY PAYMENT CENTER LOCALS) OF ANY
 PROPOSED INDIVIDUAL PERFORMANCE ASSESSMENT SYSTEM FOR TRAINEES, AND,
 UPON REQUEST, NEGOTIATE TO THE EXTENT CONSONANT WITH LAW AND
 REGULATIONS, ON ANY SUCH PROPOSAL.
 
                                (ACTIVITY)
 
    DATED:  BY:  (SIGNATURE)
 
    THIS NOTICE MUST REMAIN POSTED FOR 60 CONSECUTIVE DAYS FROM THE DATE
 OF THE 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, WHOSE
 ADDRESS IS:  ROOM 1638, DIRKSEN FEDERAL BUILDING, 219 SOUTH DEARBORN
 STREET, CHICAGO, ILLINOIS 60604;  AND WHOSE TELEPHONE NUMBER IS:  (312)
 353-6746
 
    MR. LEE LANGSTER
 
    EXECUTIVE VICE PRESIDENT
 
    LOCAL 1395
 
    AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
 
    600 WEST MADISON STREET
 
    CHICAGO, ILLINOIS 60606
 
                            FOR THE COMPLAINANT
 
    MR. FRANCIS X. DIPPEL
 
    MANAGEMENT REPRESENTATIVE
 
    GREAT LAKES PROGRAM SERVICE CENTER
 
    BUREAU OF RETIREMENT AND SURVIVORS INSURANCE
 
    SOCIAL SECURITY ADMINISTRATION
 
    1200 WEST HIGH RISE BUILDING
 
    6401 SECURITY BOULEVARD
 
    BALTIMORE, MARYLAND 21235
 
                            FOR THE RESPONDENT
 
    BEFORE:  WILLIAM B. DEVANEY
 
    ADMINISTRATIVE LAW JUDGE
 
                           RECOMMENDED DECISION
 
                           STATEMENT OF THE CASE
 
    THIS IS A PROCEEDING UNDER EXECUTIVE ORDER 11491, AS AMENDED
 (HEREINAFTER ALSO REFERRED TO AS THE "ORDER").  ALTHOUGH THE NOTICE OF
 HEARING WAS ISSUED BY A REGIONAL ADMINISTRATOR OF THE LABOR-MANAGEMENT
 SERVICES ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR, ALL
 PROCEEDINGS AFTER JANUARY 1, 1979, HAVE BEEN CONDUCTED BEFORE THE
 FEDERAL LABOR RELATIONS AUTHORITY AND THIS DECISION IS ISSUED IN THE
 NAME OF THE AUTHORITY PURSUANT TO TRANSITION RULES AND REGULATIONS,
 FEDERAL REGISTER, VOL. 44, NO. 1, JANUARY 2, 1979 (5 C.F.R. SECTION
 2400.2).
 
    ON, OR ABOUT, SEPTEMBER 26, 1978, COMPLAINANT FILED A CHARGE AND ON
 NOVEMBER 20, 1978, FILED A COMPLAINT ALLEGING VIOLATIONS OF SECTIONS
 19(A)(1) AND (6) OF THE ORDER AS THE RESULT OF RESPONDENT'S REFUSAL TO
 NEGOTIATE A PROPOSAL MADE BY RESPONDENT ON SEPTEMBER 7, 1978 (ALJ EXH.
 1).  NOTICE OF HEARING ISSUED ON DECEMBER 28, 1978 (ALJ EXH. 2) PURSUANT
 TO WHICH A HEARING WAS DULY HELD BEFORE THE UNDERSIGNED ON MARCH 6,
 1979, IN CHICAGO, ILLINOIS.  RESPONDENT'S MOTION TO REOPEN HEARING OR IN
 THE ALTERNATIVE TO INCLUDE CERTAIN PROFFERED DOCUMENTARY EVIDENCE WAS
 DENIED BY ORDER DATED APRIL 9, 1979.  AT THE CLOSE OF THE HEARING, APRIL
 6, 1979, WAS FIXED AS THE DATE FOR THE MAILING OF BRIEFS AND EACH PARTY
 HAS TIMELY FILED /2/ A BRIEF WHICH HAVE BEEN CAREFULLY CONSIDERED.  UPON
 THE BASIS OF THE ENTIRE RECORD, INCLUDING ANY OBSERVATION OF THE
 WITNESSES AND THEIR DEMEANOR, I MAKE THE FOLLOWING FINDINGS, CONCLUSIONS
 AND RECOMMENDATIONS:
 
                         FINDINGS AND CONCLUSIONS
 
    THERE ARE THREE ISSUES.  FIRST, WHETHER RESPONDENT HAD A DUTY TO
 NEGOTIATE OR MERELY TO CONSULT;  SECOND, WHETHER THIS PROCEEDING IS
 BARRED BY THE PROVISIONS OF 19(D) OF THE ORDER;  AND THIRD, WHETHER, IF
 THERE WERE AN OBLIGATION TO NEGOTIATE, RESPONDENT'S REFUSAL TO BARGAIN
 ON SEPTEMBER 11, 1978, WAS A VIOLATION OF SECTIONS 19(A)(1) AND (6),
 INASMUCH AS RESPONDENT HAD PREVIOUSLY, ON JULY 21, 1977, REFUSED TO
 BARGAIN ON A PROPOSAL, WHICH RESPONDENT ASSERTS IS THE SAME PROPOSAL IT
 MADE ON SEPTEMBER 7, 1978, AND COMPLAINANT DID NOT FILE A CHARGE WITHIN
 SIX MONTHS OF THE OCCURRENCE OF ITS INITIAL REFUSAL TO BARGAIN, AS
 REQUIRED BY SECTION 203.2(2) OF THE REGULATIONS.
 
                        1.  THE DUTY TO NEGOTIATE.
 
    LOCAL 1395, WHICH REPRESENTS EMPLOYEES OF THE GREAT LAKES PROGRAM
 SERVICE CENTER, IS ONE OF THE SIX LOCAL UNIONS CONSTITUTING THE NATIONAL
 COUNCIL OF SOCIAL SECURITY PAYMENT CENTER LOCALS, AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, AFL-CIO.  SINCE 1971, THE BUREAU OF RETIREMENT AND
 SURVIVORS INSURANCE OF THE SOCIAL SECURITY ADMINISTRATION AND THE
 NATIONAL OFFICE OF THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 AFL-CIO (NATIONAL COUNCIL OF SOCIAL SECURITY PAYMENT CENTER LOCALS) HAVE
 BEEN PARTIES TO A SERIES OF MASTER AGREEMENTS, THE MOST RECENT AGREEMENT
 BEING EFFECTIVE MARCH 15, 1974 (RES. EXH. 3).  THIS MASTER AGREEMENT
 (RES.  EXH. 3) IS THE SAME MASTER AGREEMENT AS WAS INVOLVED IN
 DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, SOCIAL SECURITY
 ADMINISTRATION, BRS1, NORTHEASTERN PROGRAM CENTER, A/SLMR NO.
 1101(1978), AND IN SOCIAL SECURITY ADMINISTRATION, BUREAU OF RETIREMENT
 AND SURVIVORS INSURANCE, A/SLMR NO. 1177(1978);  RESPONDENT'S
 CONTENTIONS, INTER ALIA, THAT ITS RESPONSIBILITY IS LIMITED UNDER THE
 AGREEMENT (ARTICLE 2, SECTION (E)) TO CONSULTATION RATHER THAN
 NEGOTIATION, ARE THE SAME CONTENTIONS AS URGED BY RESPONDENT IN THE
 NORTHEASTERN PROGRAM SERVICE CENTER CASE, SUPRA, CONSIDERED AT LENGTH BY
 JUDGE NAIMARK IN HIS DECISION, CASE NO. 30-7725(CA) (1978), AND AFFIRMED
 BY THE ASSISTANT SECRETARY AS A/SLMR NO. 1101.  THE CONTRACT PROVISIONS
 ARE FULLY SET FORTH IN THE DECISION OF JUDGE NAIMARK AND NEED NOT BE
 REPEATED.  IN LIKE MANNER, THE DISCUSSION AND CONCLUSIONS OF JUDGE
 NAIMARK, AFFIRMED BY THE ASSISTANT SECRETARY, NOT ONLY ARE FULLY
 DISPOSITIVE OF THE SAME ISSUES HERE, BUT I COMPLETELY AGREE WITH HIS
 CONCLUSIONS THAT "MANAGEMENT MAY NOT PROPERLY CONFINE ITS OBLIGATIONS TO
 CONSULTATION WITH COMPLAINANT CONCERNING MATTERS AFFECTING THE PROGRAM
 CENTER . . . " ACCORDINGLY, FOR THE REASONS FULLY SET FORTH BY JUDGE
 NAIMARK IN THE NORTHEASTERN PROGRAM SERVICE CENTER CASE, SUPRA, ADOPTED
 BY THE ASSISTANT SECRETARY, A/SLMR NO. 1101, I CONCLUDE THAT RESPONDENT
 WAS REQUIRED TO BARGAIN WITH COMPLAINANT, NOT MERELY CONSULT AS
 CONTENDED BY RESPONDENT.  /3/ SEE, ALSO, SOCIAL SECURITY ADMINISTRATION,
 BUREAU OF RETIREMENT AND SURVIVORS INSURANCE, A/SLMR NO. 1177(1978).
 DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, SOCIAL SECURITY
 ADMINISTRATION, BUREAU OF RETIREMENT AND SURVIVORS INSURANCE, A/SLMR NO.
 1022(1978);  DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, SOCIAL
 SECURITY ADMINISTRATION, BRS 1, NORTHEASTERN PROGRAM SERVICE CENTER,
 A/SLMR NO.  984(1978).
 
         2.  THIS PROCEEDING IS NOT BARRED BY SECTION 19(D) OF THE
 
                                   ORDER
 
    ON AUGUST 21, 1978, COMPLAINANT'S PRESIDENT, MR. DONALD JONES, FILED
 A GRIEVANCE WHICH ASSERTED, IN PART, THAT RESPONDENT "HAS UTILIZED AN
 INDIVIDUAL ASSESSMENT SYSTEM FOR TRAINEES TO MEASURE THE PERFORMANCE OF
 TRAINEES SINCE ABOUT JULY 1977.  THIS PROCEDURE (1PAS FOR TRAINEES) WAS
 NOT DISCUSSED WITH LOCAL 1395 IN ACCORDANCE WITH PROVISIONS OF ARTICLES
 2, 6, 24 AND OTHER APPLICABLE ARTICLES OF THE MASTER AGREEMENT OR
 EXECUTIVE ORDER 11491, AS AMENDED." (EXHIBIT 1 TO RESPONDENT'S MOTION TO
 DISMISS).  BY LETTER DATED SEPTEMBER 20, 1978, RESPONDENT STATED, IN
 PART, "I MUST POINT OUT TO YOU THAT THERE HAS BEEN NO IMPLEMENTATION OF
 THE INDIVIDUAL ASSESSMENT SYSTEM FOR TRAINEES." (EXHIBIT 2 TO
 RESPONDENT'S MOTION TO DISMISS).
 
    WHILE IT IS OBVIOUS THAT THE GRIEVANCE RAISED AN ISSUE CONCERNING
 NON-COMPLIANCE WITH THE EXECUTIVE ORDER, IT IS EQUALLY OBVIOUS THAT THE
 GRIEVANCE CONCERNED ASSERTED ACTION BY RESPONDENT PRIOR TO SEPTEMBER 7,
 1978, ON WHICH DATE RESPONDENT SUBMITTED ANOTHER DRAFT OF AN 1PAS FOR
 TRAINEES PROPOSAL AS TO WHICH RESPONDENT REFUSED TO BARGAIN ON SEPTEMBER
 11, 1978, WHICH IS THE SUBJECT OF THE PRESENT COMPLAINT.  BECAUSE THE
 GRIEVANCE OF AUGUST 21, 1978, DID NOT, AND COULD NOT, CONCERN AN EVENT
 WHICH HAD NOT OCCURRED, COMPLAINANT DID NOT RAISE THE ISSUE UNDER ITS
 GRIEVANCE PROCEDURE WHICH IT HAS RAISED UNDER THE COMPLAINT AND THIS
 PROCEEDING IS NOT BARRED BY SECTION 19(D) OF THE ORDER.  THE FACT THAT
 RESPONDENT, BY ITS RESPONSE OF SEPTEMBER 20, 1978, HAS REFERRED TO THE
 EVENTS OF SEPTEMBER 7 AND 11, 1978, DOES NOT ALTER THE ISSUE RAISED BY
 THE GRIEVANCE SO AS TO INCLUDE AS A PART THEREOF THE EVENTS OF SEPTEMBER
 1978.  RESPONDENT'S MOTION TO DISMISS, RECEIVED AT THE HEARING AND
 CARRIED WITH THE CASE, IS, THEREFORE DENIED.
 
              3.  RESPONDENT VIOLATED SECTIONS 19(A)(6) AND,
 
            DERIVATIVELY, 19(A)(1) BY ITS REFUSAL TO BARGAIN ON
 
                           SEPTEMBER 11, 1978.
 
    IT IS QUITE TRUE THAT IN JULY 1977, RESPONDENT SUBMITTED A PROPOSED
 1PAS FOR TRAINEES AND THAT, ON JULY 21, 1977, RESPONDENT REFUSED
 COMPLAINANT'S REQUEST FOR NEGOTIATIONS.  IT IS ALSO QUITE CORRECT THAT
 COMPLAINANT DID NOT FILE A CHARGE WITHIN SIX MONTHS OF RESPONDENT'S
 REFUSAL TO BARGAIN ON JULY 21, 1977.  HAD RESPONDENT IMPLEMENTED ITS
 PROPOSAL THERE COULD BE NO FINDING OF AN UNFAIR LABOR PRACTICE AS TO
 RESPONDENT'S JULY 21, 1977, REFUSAL TO BARGAIN;  BUT RESPONDENT DID NOT
 IMPLEMENT ITS 1977 PROPOSAL.
 
    TO THE CONTRARY, ON SEPTEMBER 7, 1978, RESPONDENT SUBMITTED A NEW
 VERSION OF ITS 1PAS FOR TRAINEES PROPOSAL AND ON SEPTEMBER 11, 1978,
 RESPONDENT REFUSED COMPLAINANT'S REQUEST TO BARGAIN.  ALTHOUGH THE
 RECORD SHOWS THAT RESPONDENT'S 1978 1PAS FOR TRAINEES PROPOSAL WAS, IN
 FACT, DIFFERENT FROM ITS 1977 PROPOSAL, EVEN IF IT HAD BEEN THE SAME
 PROPOSAL, AS RESPONDENT HAD NOT IMPLEMENTED ITS EARLIER PROPOSAL, WHEN
 RESPONDENT IN 1978 AGAIN SUBMITTED A PROPOSAL WHICH CONCERNED PERSONNEL
 POLICIES AND PRACTICES AND MATTERS AFFECTING WORKING CONDITIONS, IT WAS
 REQUIRED BY SECTION 11(A) OF THE ORDER TO NEGOTIATE WITH COMPLAINANT AND
 ITS REFUSAL TO DO SO, AT COMPLAINANT'S REQUEST, ON SEPTEMBER 11, 1978,
 WAS IN VIOLATION OF SECTION 19(A)(6) OF THE ORDER AND, DERIVATIVELY, OF
 SECTION 19(A)(1) OF THE ORDER.
 
    I AM FULLY AWARE THAT RESPONDENT OFFERED TO CONSULT, I.E., TO RECEIVE
 INPUT FROM COMPLAINANT, AND THAT COMPLAINANT REFUSED TO CONSULT AND
 INSISTED ON ITS RIGHT TO NEGOTIATE.  IT IS TRUE THAT GOOD FAITH
 BARGAINING IS NOT DETERMINED BY FORMAL TRAPPINGS OR EVEN BY HOW THE
 PARTIES MAY HAVE CHARACTERIZED THEIR CONDUCT, UNITED STATES DEPARTMENT
 OF THE TREASURY, INTERNAL REVENUE SERVICE, CHICAGO DISTRICT, A/SLMR NO.
 711, 6 A/SLMR 492(1976);  DEPARTMENT OF THE NAVY, NORFOLK NAVAL
 SHIPYARD, PORTSMOUTH, VIRGINIA, A/SLMR NO. 1065(1978);  BUT HERE,
 RESPONDENT'S CONDUCT WAS INTENDED TO FORESTALL BARGAINING AND, IN FACT,
 DID FORESTALL ALL EFFORTS OF COMPLAINANT TO SECURE BARGAINING.  FOR
 REASONS SET FORTH HEREINABOVE, RESPONDENT MISCONCEIVED ITS OBLIGATIONS
 UNDER THE ORDER, WHICH IS TO NEGOTIATE NOT MERELY CONSULT, AND BECAUSE
 ITS CONDUCT FORESTALLED NEGOTIATIONS REQUIRED BY THE ORDER AN
 APPROPRIATE REMEDIAL ORDER WILL BE RECOMMENDED.
 
                              RECOMMENDATIONS
 
    HAVING FOUND THAT RESPONDENT HAS ENGAGED IN CONDUCT VIOLATIVE OF
 SECTIONS 19(A)(1) AND (6) OF THE ORDER BY ITS REFUSAL TO BARGAIN WITH
 COMPLAINANT ON SEPTEMBER 11, 1978, WITH RESPECT TO A PROPOSAL FOR
 INDIVIDUAL PERFORMANCE ASSESSMENT SYSTEM FOR TRAINEES MADE BY RESPONDENT
 ON SEPTEMBER 7, 1978, I RECOMMEND THAT THE AUTHORITY ADOPT THE FOLLOWING
 ORDER.
 
                                   ORDER
 
    PURSUANT TO SECTION 6(B) OF EXECUTIVE ORDER 11491, AS AMENDED, AND
 SECTIONS 203.26(B) OF THE REGULATIONS, THE FEDERAL LABOR RELATIONS
 AUTHORITY HEREBY ORDERS THAT GREAT LAKES PROGRAM SERVICE CENTER, SOCIAL
 SECURITY ADMINISTRATION, DEPARTMENT OF HEALTH, EDUCATION AND WELFARE,
 CHICAGO, ILLINOIS, SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) REFUSING TO NEGOTIATE WITH LOCAL 1395, AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES,
 
    AFL-CIO, CONCERNING INDIVIDUAL PERFORMANCE ASSESSMENT SYSTEM FOR
 TRAINEES.
 
    (B) IN ANY LIKE OR RELATED MANNER, INTERFERING WITH, RESTRAINING OR
 COERCING ITS EMPLOYEES
 
    IN THE EXERCISE OF RIGHTS ASSURED BY EXECUTIVE ORDER 11491, AS
 AMENDED.
 
    2.  TAKE THE FOLLOWING AFFIRMATIVE ACTION IN ORDER TO EFFECTUATE THE
 PURPOSES AND PROVISIONS OF EXECUTIVE ORDER 11491, AS AMENDED:
 
    (A) WITHDRAW, IF IT HAS IMPLEMENTED, ANY INDIVIDUAL PERFORMANCE
 ASSESSMENT SYSTEM FOR
 
    TRAINEES.
 
    (B) NOTIFY LOCAL 1395, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 AFL-CIO, AS THE
 
    AUTHORIZED REPRESENTATIVE OF THE NATIONAL OFFICE, AMERICAN FEDERATION
 OF GOVERNMENT EMPLOYEES,
 
    AFL-CIO (NATIONAL COUNCIL OF SOCIAL SECURITY PAYMENT CENTER LOCALS),
 THE EXCLUSIVE BARGAINING
 
    REPRESENTATIVE OF RESPONDENT'S EMPLOYEES, OF ANY PROPOSED INDIVIDUAL
 PERFORMANCE ASSESSMENT
 
    SYSTEM FOR TRAINEES, AND, UPON REQUEST, NEGOTIATE IN GOOD FAITH, TO
 THE EXTENT CONSONANT WITH
 
    LAW AND REGULATIONS, ON ANY SUCH PROPOSAL.
 
    (C) POST AT ITS FACILITIES AT THE GREAT LAKES PROGRAM SERVICE CENTER
 COPIES OF THE ATTACHED
 
    NOTICE, MARKED "APPENDIX", ON FORMS TO BE FURNISHED BY THE AUTHORITY.
  UPON RECEIPT OF SUCH
 
    FORM THEY SHALL BE SIGNED BY THE DIRECTOR OF RESPONDENT 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 203.26 OF THE REGULATIONS, NOTIFY THE
 AUTHORITY, IN WRITING, WITHIN
 
    20 DAYS FROM THE DATE OF THIS ORDER AS TO WHAT STEPS HAVE BEEN TAKEN
 TO COMPLY THEREWITH.
 
                            WILLIAM B. DEVANEY
 
                         ADMINISTRATIVE LAW JUDGE
 
    DATED:  JUNE 21, 1979
 
    WASHINGTON, D.C.
 
                                 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 EXECUTIVE ORDER 11491, AS
 
             AMENDED LABOR-MANAGEMENT RELATIONS IN THE FEDERAL
 
               SERVICE WE HEREBY NOTIFY OUR EMPLOYEES THAT:
 
    WE WILL NOT REFUSE TO BARGAIN WITH LOCAL 1395, AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, AFL-CIO, WITH RESPECT TO ANY INDIVIDUAL
 PERFORMANCE ASSESSMENT SYSTEM FOR TRAINEES.
 
    WE WILL NOT INTERFERE WITH, RESTRAIN OR COERCE OUR EMPLOYEES IN THE
 EXERCISE OF THEIR RIGHTS ASSURED BY EXECUTIVE ORDER 11491, AS AMENDED,
 BY REFUSING TO NEGOTIATE WITH RESPECT TO PERSONNEL POLICIES AND
 PRACTICES AND MATTERS AFFECTING WORKING CONDITIONS SO FAR AS MAY BE
 APPROPRIATE UNDER APPLICABLE LAWS AND REGULATIONS.
 
    WE WILL NOT IN ANY LIKE OR RELATED MANNER REFUSE TO CONSULT, CONFER,
 OR NEGOTIATE WITH LOCAL 1395 AS REQUIRED BY EXECUTIVE ORDER 11491, OR IN
 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 WITHDRAW ANY INDIVIDUAL PERFORMANCE ASSESSMENT SYSTEM FOR
 TRAINEES WE HAVE IMPLEMENTED AND WE WILL NOTIFY LOCAL 1395, AMERICAN
 FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, AS THE AUTHORIZED
 REPRESENTATIVE OF THE NATIONAL OFFICE, AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO (NATIONAL COUNCIL OF SOCIAL SECURITY PAYMENT CENTER
 LOCALS) OF ANY PROPOSED INDIVIDUAL PERFORMANCE ASSESSMENT SYSTEM FOR
 TRAINEES, AND, UPON REQUEST, NEGOTIATE IN GOOD FAITH, TO THE EXTENT
 CONSONANT WITH LAW AND REGULATIONS, ON ANY SUCH PROPOSAL.
 
                                 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 DIRECTOR, CHICAGO REGI