Environmental Protection Agency (Respondent) and American Federation of Government Employees, Local 3331, AFL-CIO (Complainant)

 



[ v02 p791 ]
02:0791(102)CA
The decision of the Authority follows:


 2 FLRA No. 102
 
 ENVIRONMENTAL PROTECTION AGENCY
 Respondent
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 3331, AFL-CIO
 Complainant
 
                                            Assistant Secretary
                                            Case No. 22-09116(CA)
 
                            DECISION AND ORDER
 
    ON OCTOBER 5, 1979, ADMINISTRATIVE LAW JUDGE SAMUEL A. CHAITOVITZ
 ISSUED HIS RECOMMENDED DECISION AND ORDER IN THE ABOVE-ENTITLED
 PROCEEDING, FINDING THAT THE RESPONDENT HAD COMMITTED AN UNFAIR LABOR
 PRACTICE AND RECOMMENDING THAT IT CEASE AND DESIST THEREFROM AND TAKE
 CERTAIN AFFIRMATIVE ACTIONS AS SET FORTH IN THE ATTACHED JUDGE'S
 RECOMMENDED DECISION AND ORDER.  THEREAFTER, RESPONDENT FILED EXCEPTIONS
 TO THE 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 SEC.  304 OF REORGANIZATION PLAN
 NO. 2 OF 1978 (43 F.R. 36040), WHICH TRANSFER OF FUNCTIONS IS
 IMPLEMENTED BY SEC. 2400.2 OF THE AUTHORITY'S RULES AND REGULATIONS (45
 F.R. 3482, JANUARY 17, 1980).  THE AUTHORITY CONTINUES TO BE RESPONSIBLE
 FOR THE PERFORMANCE OF THESE FUNCTIONS AS PROVIDED IN SEC.  7135(B) OF
 THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (92 STAT. 1215).
 
    THEREFORE, PURSUANT TO SEC. 2400.2 OF THE AUTHORITY'S RULES AND
 REGULATIONS AND SEC. 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
 CASE, INCLUDING RESPONDENT'S EXCEPTIONS, THE AUTHORITY HEREBY ADOPTS THE
 ADMINISTRATIVE LAW JUDGE'S FINDINGS, CONCLUSIONS AND RECOMMENDATION ONLY
 TO THE EXTENT CONSISTENT HEREWITH.
 
    RESPONDENT TAKES EXCEPTION TO THE ADMINISTRATIVE LAW JUDGE'S
 RECOMMENDED ORDER BECAUSE IT DOES NOT INCLUDE A STATEMENT THAT
 RESPONDENT MAY, FOR VALID REASONS, REQUEST AN EMPLOYEE TO ESTIMATE THE
 AMOUNT OF WORK TIME HE ANTICIPATES SPENDING ON UNION ACTIVITIES.  THE
 AUTHORITY FINDS MERIT IN THIS EXCEPTION.  THEREFORE, THE ADMINISTRATIVE
 LAW JUDGE'S RECOMMENDED ORDER IS ADOPTED AS MODIFIED TO INCLUDE THE
 ABOVE-MENTIONED STATEMENT.
 
    IN TAKING EXCEPTION TO THE ADMINISTRATIVE LAW JUDGE'S RECOMMENDED
 DECISION, RESPONDENT CITES THE FEDERAL LABOR RELATIONS COUNCIL'S
 DECISION IN DEPARTMENT OF THE AIR FORCE, BASE PROCUREMENT OFFICE,
 VANDENBERG AIR FORCE BASE, A/SLMR NO. 485, 4 FLRC 586 (FLRC NO.  75A-25,
 1976), FOR THE PROPOSITION THAT INQUIRIES OF A UNION MEMBER AT LEAST AS
 BROAD AS THOSE MADE BY RESPONDENT ARE NOT COERCIVE OR RESTRAINING.  THE
 COUNCIL DID NOT, HOWEVER, REACH THE ISSUE OF THE ALLEGED COERCIVE NATURE
 OF THE INQUIRIES MADE IN THE VANDENBERG CASE.  THE COUNCIL HELD THAT
 EXECUTIVE ORDER 11491, AS AMENDED, PROTECTS AGAINST ACTIONS THAT
 INFRINGE UPON THE EXERCISE OF RIGHTS CREATED BY THE ORDER WHILE THE
 INQUIRIES IN THE VANDENBERG CASE ALLEGEDLY COERCED EMPLOYEES IN THE
 EXERCISE OF RIGHTS CREATED ONLY BY A COLLECTIVE BARGAINING AGREEMENT.
 /1/
 
                                   ORDER
 
    PURSUANT TO SEC. 2400.2 OF THE RULES AND REGULATIONS OF THE FEDERAL
 LABOR RELATIONS AUTHORITY AND SEC. 7135 OF THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE, THE AUTHORITY HEREBY ORDERS THAT THE
 ENVIRONMENTAL PROTECTION AGENCY SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) REQUESTING ITS EMPLOYEES TO REPORT THEIR PRESENT AND ANTICIPATED
 ROLES, AS CONTRASTED WITH THE AMOUNT OF WORK TIME TO BE SPENT IN THE
 ROLES, ASSUMED ON BEHALF OF AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 LOCAL 3331, AFL-CIO, OR ON BEHALF OF ANY OTHER LABOR ORGANIZATION.
 
    (B) IN ANY LIKE OR RELATED MANNER INTERFERING WITH, RESTRAINING OR
 COERCING EMPLOYEES IN THE EXERCISE OF RIGHTS ASSURED THEM BY THE
 EXECUTIVE ORDER OR NOW AVAILABLE TO THEM UNDER THE CIVIL SERVICE REFORM
 ACT.
 
    2.  TAKE THE FOLLOWING AFFIRMATIVE ACTION IN ORDER TO EFFECTUATE THE
 PURPOSES AND POLICIES OF THE ORDER.
 
    (A) POST AT ITS FACILITY 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 ENVIRONMENTAL PROTECTION AGENCY 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
 OTHER MATERIAL.
 
    (B) 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., MARCH 7, 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 CODES FEDERAL SERVICE LABOR-MANAGEMENT
 
              RELATIONS WE HEREBY NOTIFY OUR EMPLOYEES THAT:
 
    WE WILL NOT REQUEST EMPLOYEES TO REPORT THEIR PRESENT AND ANTICIPATED
 ROLES, AS CONTRASTED WITH THE AMOUNT OF WORK TIME TO BE SPENT IN THE
 ROLES, ASSUMED ON BEHALF OF AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 LOCAL 3331, AFL-CIO, OR ON BEHALF OF ANY OTHER LABOR ORGANIZATION.
 
    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.
 
                           (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 DIRECTOR FOR THE FEDERAL LABOR RELATIONS AUTHORITY, WHOSE
 ADDRESS IS:  1730 K STREET, NW., ROOM 401, WASHINGTON, D.C.  20006, AND
 WHOSE TELEPHONE NUMBER IS (202) 653-7213.
 
    NORVALD D. SETTLE, ESQ.
 
    DEPUTY ASSOCIATE GENERAL COUNSEL
 
    U.S. ENVIRONMENTAL PROTECTION AGENCY
 
    401 M STREET, SW.
 
    MAIL CODE A-134
 
    WASHINGTON, D.C.  20460
 
                            FOR THE RESPONDENT
 
    STUART A. KIRSCH
 
    NATIONAL REPRESENTATIVE
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, AFL-CIO
 
    8020 NEW HAMPSHIRE AVENUE
 
    LANGLEY PARK, MARYLAND 20783
 
                            FOR THE COMPLAINANT
 
    BEFORE:  SAMUEL A. CHAITOVITZ
 
    ADMINISTRATIVE LAW JUDGE
 
                      RECOMMENDED DECISION AND ORDER
 
                           STATEMENT OF THE CASE
 
    PURSUANT TO A COMPLAINT FILED ON JULY 17, 1978 AND AN AMENDED
 COMPLAINT FILED ON OCTOBER 20, 1978 UNDER EXECUTIVE ORDER 11491, AS
 AMENDED, (HEREINAFTER CALLED THE ORDER) BY AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, LOCAL 3331, AFL-CIO (HEREINAFTER CALLED
 COMPLAINANT AND LOCAL 3331 AFGE) AGAINST THE ENVIRONMENTAL PROTECTION
 AGENCY (HEREINAFTER CALLED RESPONDENT AND EPA) A NOTICE OF HEARING ON
 COMPLAINT WAS ISSUED ON MAY 25, 1979 BY THE REGIONAL DIRECTOR,
 WASHINGTON REGION, FEDERAL LABOR RELATIONS AUTHORITY.
 
    BASICALLY THE NOTICE OF HEARING ON COMPLAINT SET FOR HEARING ONLY THE
 ALLEGATION SET FORTH IN THE COMPLAINT THAT THE ACTIVITY VIOLATED SECTION
 19(A)(1) OF THE ORDER "BY ITS ACTIONS DURING A DECEMBER 5, 1977 MEETING
 WITH DR. DROGE AND BY ISSUING HIM A MEMORANDUM ON THE SAME DATE WHICH
 REQUIRED HIM TO PROVIDE A 'COMPLETE STATUS REPORT OF HIS PRESENT AND
 ANTICIPATED ROLES IN UNION ACTIVITIES'."
 
    A HEARING WAS HELD BEFORE THE UNDERSIGNED IN WASHINGTON, D.C.  BOTH
 PARTIES WERE REPRESENTED AT THE HEARING AND WERE AFFORDED A FULL
 OPPORTUNITY TO BE HEARD, TO ADDUCE EVIDENCE AND TO EXAMINE AND
 CROSS-EXAMINE WITNESSES.  BOTH PARTIES FILED BRIEFS, WHICH HAVE BEEN
 DULY CONSIDERED BY THE UNDERSIGNED.
 
    UPON THE ENTIRE RECORD IN THIS CASE, FROM MY OBSERVATION OF THE
 WITNESSES AND THEIR DEMEANOR, AND FROM ALL THE TESTIMONY AND EVIDENCE
 ADDUCED AT THE HEARING, I MAKE THE FOLLOWING FINDINGS, CONCLUSIONS AND
 RECOMMENDATIONS:
 
                             FINDINGS OF FACT
 
    1.  AT ALL TIMES MATERIAL HEREIN LOCAL 3331 AFGE HAS BEEN THE
 COLLECTIVE BARGAINING REPRESENTATIVE FOR A UNIT OF RESPONDENT'S
 NONPROFESSIONAL EMPLOYEES.
 
    2.  ON DECEMBER 5, 1977 DR. JOHN H. DROGE WAS AN ECONOMIST EMPLOYED
 BY RESPONDENT AND WAS THE TREASURER OF LOCAL 3331 AFGE.  IN THIS LATTER
 CAPACITY DR. DROGE SPENT SOME WORK TIME REPRESENTING UNIT EMPLOYEES.
 
    3.  DURING MAY 1977 DR. DROGE'S THEN SUPERVISOR, MR. SWEP DAVIS,
 ASKED DR. DROGE FOR AN ESTIMATE OF THE TIME HE PLANNED TO SPEND ON UNION
 ACTIVITIES SO THAT MR. DAVIS COULD PLAN "USE OF MY RESOURCES".  DR.
 DROGE TOLD MR. DAVIS THAT HE, DR. DROGE, DID NOT FEEL HE WAS REQUIRED TO
 SUPPLY THE REQUESTED INFORMATION, BUT HE DID COMPLY WITH THE REQUEST AND
 SUPPLIED THE ESTIMATE OF TIME.
 
    4.  SUBSEQUENT TO MAY 1977 MR. DAVID GIBBONS BECAME DR. DROGE'S
 SUPERVISOR AND WHEN DR. DROGE LEFT WORK ON LOCAL 3331 AFGE BUSINESS HE
 LEFT A "BUCK SLIP" WITH MR.  GIBBONS' SECRETARY SETTING FORTH THE NUMBER
 OF HOURS SPENT ON UNION BUSINESS.
 
    5.  ON DECEMBER 5, 1977 MR. GIBBONS ASKED DR. DROGE FOR AN ESTIMATE
 OF THE AMOUNT OF TIME DR. DROGE ANTICIPATED SPENDING ON LOCAL 3331 AFGE
 ACTIVITIES.  MR.  GIBBONS EXPLAINED THAT HE NEED THIS INFORMATION SO
 THAT HE COULD PLAN AND EVEN OUT HIS STAFF'S WORKLOAD.  DR. DROGE ASKED
 MR. GIBBONS TO PUT THE REQUEST IN WRITING.
 
    6.  LATER IN THE MORNING OF DECEMBER 5, 1977 DR. DROGE RECEIVED A
 MEMORANDUM FROM MR. GIBBONS.  THE MEMORANDUM WAS ENTITLED "SUBJECT:
 UNION ACTIVITIES".  THE MEMORANDUM STATED:
 
    I REALIZE THAT AS A UNION OFFICIAL YOU SPEND SOME OF YOUR WORK DAY ON
 UNION
 
    BUSINESS.  WHILE I SUPPORT THIS EFFORT, AND HAVE NEVER QUESTIONED
 YOUR INVOLVEMENT IN THESE
 
    DUTIES, THE BRANCH IS ALSO RESPONSIBLE FOR PRODUCING A HIGH QUALITY
 PRODUCT ON TIME.  BY COB
 
    WEDNESDAY PLEASE GIVE ME A COMPLETE STATUS REPORT OF YOUR PRESENT AND
 ANTICIPATED ROLES IN
 
    UNION ACTIVITIES.  AS YOU KNOW I AM ALSO REQUIRED TO KEEP TRACK OF
 TIME SPENT ON UNION
 
    ACTIVITIES BY PARTICIPATING INDIVIDUALS.  TO DATE I HAVE NEGLECTED
 DOING THIS.  THEREFORE,
 
    PLEASE, IN THE FUTURE INDICATE TO ME WHEN YOU WILL BE OUT OF THE
 OFFICE FOR UNION ACTIVITIES
 
    DURING WORKING HOURS.  NOTHING FORMAL NEEDS TO BE DONE, JUST A NOTE
 ON A ROUTESLIP OR PIECE OF
 
    PAPER TELLING ME WHEN YOU WILL BE AWAY AND FOR HOW LONG."
 
    7.  LATER ON DECEMBER 5, 1977 DR. DROGE RECEIVED ANOTHER MEMORANDUM
 FROM MR. GIBBONS EXPRESSING CONCERN OVER DR. DROGE'S WORK OUTPUT AND
 REQUIRING DR. DROGE TO SUBMIT A MEMORANDUM BY CLOSE OF BUSINESS
 WEDNESDAY (DECEMBER 7, 1977) WHICH SETS FORTH A REPORT ON EACH OF DR.
 DROGE'S WORK ASSIGNMENTS.  THIS MEMORANDUM WAS ENTITLED "ONGOING
 PROJECTS".
 
    8.  ON DECEMBER 6, 1977 DR. DROGE DELIVERED A RESPONSE TO THE
 "ONGOING PROJECTS" MEMORANDUM INDICATING DISAGREEMENT WITH MANY OF THE
 ACCUSATIONS AND STATING THAT HE FELT THESE CRITICISMS WERE DUE IN PART
 TO HIS UNION ACTIVITIES.
 
    9.  ON DECEMBER 7 WHEN MR. GIBBONS ASKED FOR THE TWO WRITTEN
 RESPONSES TO THE DECEMBER 5 MEMORANDA.  DR. DROGE REPLIED THAT HE DID
 NOT HAVE THEM BECAUSE OF CERTAIN OTHER UNION ACTIVITIES.
 
    10.  ON DECEMBER 8 DR. DROGE RECEIVED A MEMORANDUM FROM MR. GIBBONS
 EXPRESSING DISAPPOINTMENT THAT DR. DROGE HAD NOT SUBMITTED THE REQUIRED
 INFORMATION AND REQUESTING THAT THE REQUESTED INFORMATION BE SUBMITTED
 BY MEMORANDUM ON DECEMBER 12, SETTING FORTH WHY DR. DROGE HAD NOT DONE
 HIS ASSIGNMENTS, INCLUDING OTHER MEETINGS, PROJECTS OR ACTIVITIES IN
 WHICH HE WAS ENGAGED.
 
    11.  ON DECEMBER 12, 1977 DR. DROGE SUBMITTED A "RESPONSE TO YOUR
 MEMOS OF DECEMBER 5 AND 7, 1977" REFUSING TO PROVIDE A STATUS REPORT OF
 PRESENT AND ANTICIPATED "ROLES IN UNION ACTIVITIES" AND THAT IF MR.
 GIBBONS DESIRED A RECORD OF DR. DROGE'S UNION ACTIVITIES MR. GIBBONS HAD
 TO MAINTAIN SUCH A RECORD.
 
    12.  A MEETING WAS HELD ON DECEMBER 12, 1977.  PRESENT WERE DR.
 DROGE, MR. GIBBONS, LOCAL 3331 AFGE PRESIDENT HAROLD DODSON, AND
 ASSOCIATE DEPUTY ASSISTANT ADMINISTRATOR ERICKSON.  THEY DISCUSSED DR.
 DROGE'S WORK OUTPUT AND DR. DROGE ANTICIPATED THAT HE WOULD BE SPENDING
 RELATIVELY LITTLE TIME ON UNION MATTERS.
 
                            CONCLUSIONS OF LAW
 
    ALTHOUGH THE RESPONDENT HAD A VALID INTEREST IN BEING ABLE TO PLAN
 WORK ASSIGNMENTS AND WORKLOAD AND THUS MIGHT HAVE BEEN PRIVILEGED TO
 INQUIRE AS TO THE AMOUNT OF WORK TIME DR. DROGE ANTICIPATED HE WOULD
 SPEND ON UNION ACTIVITIES /2/ IT IS CONCLUDED THAT, ALTHOUGH IT MAY HAVE
 BEEN MERELY INARTFUL WORDING, THE RESPONDENT VIOLATED SECTION 19(A)(1)
 OF THE ORDER BY ITS "UNION ACTIVITIES" MEMORANDUM OF DECEMBER 5.
 RESPONDENT HAD NO VALID INTEREST IN INQUIRING INTO DR. DROGE'S PRESENT
 AND ANTICIPATED ROLE IN UNION ACTIVITIES.  SUCH INQUIRY WAS TOO BROAD
 AND EXCEEDED ANY VALID INTEREST RESPONDENT MIGHT HAVE HAD IN
 APPORTIONING WORK ASSIGNMENTS.  THE INQUIRY INTO SUCH A PRIVILEGED AREA,
 WHERE THERE WAS NO VALID JUSTIFICATION, NECESSARILY WOULD INTERFERE
 WITH, RESTRAIN AND COERCE AN EMPLOYEE IN THE EXERCISE OF PROTECTED
 RIGHTS AND THEREFORE VIOLATED SECTION 19(A)(1) OF THE ORDER.  /3/
 
                              RECOMMENDATION
 
    HAVING FOUND THAT EPA HAS ENGAGED IN CONDUCT WHICH VIOLATES SECTION
 19(A)(1) OF THE ORDER, I RECOMMEND THAT THE FEDERAL LABOR RELATIONS
 AUTHORITY ADOPT THE FOLLOWING ORDER.
 
                                   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 ENVIRONMENTAL PROTECTION AGENCY SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) REQUESTING STATUS REPORTS OF PRESENT AND ANTICIPATED ROLES OF ITS
 EMPLOYEES ON BEHALF OF AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 LOCAL 3331, AFL-CIO OR ON BEHALF OF ANY OTHER LABOR ORGANIZATION.
 
    (B) IN ANY LIKE OR RELATED MANNER INTERFERING WITH, RESTRAINING OR
 COERCING EMPLOYEES IN THE EXERCISE OF RIGHTS ASSURED THEM BY THE
 EXECUTIVE ORDER OR NOW AVAILABLE TO THEM UNDER THE CIVIL SERVICE REFORM
 ACT.
 
    2.  TAKE THE FOLLOWING AFFIRMATIVE ACTION IN ORDER TO EFFECTUATE THE
 PURPOSES AND PROVISIONS OF EXECUTIVE ORDER 11491, AS AMENDED,
 
    (A) POST AT ITS FACILITY COPIES OF THE ATTACHED NOTICE MARKED
 "APPENDIX" ON FORMS TO BE FURNISHED BY THE FEDERAL LABOR RELATIONS
 AUTHORITY.  UPON RECEIPT OF SUCH FORM, IT SHALL BE SIGNED AND DATED BY
 THE DIRECTOR OF THE ENVIRONMENTAL PROTECTION AGENCY 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.
 
    (B) NOTIFY THE FEDERAL LABOR RELATIONS AUTHORITY IN WRITING, WITHIN
 THIRTY (30) DAYS FROM THE DATE OF THIS ORDER AS TO WHAT STEPS HAVE BEEN
 TAKEN TO COMPLY HEREWITH.
 
                           SAMUEL A. CHAITOVITZ
 
                         ADMINISTRATIVE LAW JUDGE
 
    DATED:  OCTOBER 5, 1979
 
    WASHINGTON, D.C.
 
                                 APPENDIX
 
        NOTICE TO ALL EMPLOYEES 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
 
            CODES FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS WE
 
                    HEREBY NOTIFY 0UR EMPLOYEES THAT:
 
    WE WILL NOT REQUEST STATUS REPORTS OF PRESENT AND ANTICIPATED ROLES
 OF EMPLOYEES ON BEHALF OF AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 LOCAL 3331, AFL-CIO OR ON BEHALF OF ANY OTHER LABOR ORGANIZATION.
 
    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.
 
                           (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 DIRECTOR FOR THE FEDERAL LABOR RELATIONS AUTHORITY, WHOSE
 ADDRESS IS:  ROOM 443, 1730 K STREET, N.W., WASHINGTON, D.C.  20006.
 
    /1/ IN CONFORMITY WITH SEC. 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