United States Army, Corpus Christi Army Depot, Corpus Christi, Texas (Respondent) and Jesse O. Hall (Complainant)




[ v04 p588 ]
04:0588(80)CA
The decision of the Authority follows:


 4 FLRA No. 80
 
 UNITED STATES ARMY,
 CORPUS CHRISTI ARMY DEPOT,
 CORPUS CHRISTI, TEXAS
 Respondent
 
 and
 
 JESSE O. HALL
 Complainant
 
                                            Assistant Secretary
                                            Case No. 63-8792(CA)
 
                            DECISION AND ORDER
 
    THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE-ENTITLED PROCEEDING ISSUED
 HIS DECISION FINDING THAT THE RESPONDENT VIOLATED SECTION 19(A)(2) AND
 (1) OF EXECUTIVE ORDER 11491, AS AMENDED, BECAUSE DISCRIMINATION BASED
 ON UNION CONSIDERATIONS PLAYED A PART IN MANAGEMENT'S FAILURE TO SELECT
 THE COMPLAINANT FOR A TRANSFER, DEPRIVING HIM OF THE OPPORTUNITY TO WORK
 OVERTIME.  THE ADMINISTRATIVE LAW JUDGE ALSO FOUND AN INDEPENDENT
 VIOLATION OF SECTION 19(A)(1) OF THE ORDER BASED ON THE COMPLAINANT'S
 BRANCH CHIEF'S SUGGESTION TO HIM THAT HAD HE BEEN ABLE TO REDUCE THE
 AMOUNT OF OFFICIAL TIME HE SPENT ON UNION ACTIVITIES, THEN HE PROBABLY
 COULD HAVE GOTTEN THE DESIRED TRANSFER.  THE ADMINISTRATIVE LAW JUDGE
 FOUND NO CREDIBLE EVIDENCE THAT THE RESPONDENT VIOLATED SECTION 19(A)(4)
 OF THE ORDER.  BOTH PARTIES FILED EXCEPTIONS TO THE ADMINISTRATIVE LAW
 JUDGE'S DECISION.
 
    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
 (5 CFR 2400.2).  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 NO PREJUDICIAL ERROR WAS COMMITTED.  THE RULINGS ARE HEREBY
 AFFIRMED.  UPON CONSIDERATION OF THE ADMINISTRATIVE LAW JUDGE'S DECISION
 AND THE ENTIRE RECORD IN THE SUBJECT CASE, INCLUDING THE EXCEPTIONS
 FILED BY THE PARTIES, THE AUTHORITY HEREBY ADOPTS THE ADMINISTRATIVE LAW
 JUDGE'S FINDINGS, CONCLUSIONS AND RECOMMENDATIONS, WITH THE FOLLOWING
 MODIFICATIONS.  /1/
 
    THE RECORD DISCLOSES THAT NOTHING IN THE PARTIES' NEGOTIATED
 AGREEMENT AUTHORIZED THE COMPLAINANT IN HIS CAPACITY OF PRESIDENT OF
 LOCAL 2142 OF THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO,
 TO USE OFFICIAL TIME FOR UNION PURPOSES.  HOWEVER, IT IS CLEAR FROM THE
 RECORD, THE FINDINGS OF THE ADMINISTRATIVE LAW JUDGE, AND THE
 RESPONDENT'S ARGUMENTS, THAT MANAGEMENT ALLOWED A PAST PRACTICE TO
 DEVELOP WHEREBY THE COMPLAINANT SPENT APPROXIMATELY 70-80% OF HIS EIGHT
 HOUR WORK DAYS ON UNION ACTIVITIES.  FOR THE PURPOSE OF DECISION IN THE
 INSTANT CASE, SUCH A PAST PRACTICE HAD THE EFFECT OF GRANTING TO THE
 COMPLAINANT A RIGHT TO OFFICIAL TIME TANTAMOUNT TO A RIGHT ACCORDED
 UNDER THE NEGOTIATED AGREEMENT.  THE AUTHORITY DOES NOT REACH OR PASS
 UPON THE ADMINISTRATIVE LAW JUDGE'S OPINION ON PAGE SIX OF HIS DECISION
 AS TO WHAT RESPONDENT'S PROPER COURSE OF ACTION IN THIS CASE SHOULD HAVE
 BEEN.
 
                                   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 U.S. ARMY, CORPUS CHRISTI ARMY DEPOT, CORPUS CHRISTI, TEXAS,
 SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) FAILING OR REFUSING TO TRANSFER JESSE O. HALL, OR ANY OTHER
 EMPLOYEE, BECAUSE HE HAS EXERCISED HIS RIGHTS UNDER THE EXECUTIVE ORDER
 TO ASSIST A LABOR ORGANIZATION BY SERVING AS A UNION OFFICER AND HAS
 UTILIZED OFFICIAL TIME IN SUCH CAPACITY IN ACCORDANCE WITH A PAST
 PRACTICE RECOGNIZED BY MANAGEMENT.
 
    (B) DISCRIMINATING AGAINST JESSE O. HALL IN ANY MANNER WITH REGARD TO
 HIRE, TENURE, PROMOTION, TRANSFER, OVERTIME, OR OTHER CONDITIONS OF
 EMPLOYMENT, IN ORDER TO DISCOURAGE MEMBERSHIP IN OR ACTIVITIES ON BEHALF
 OF THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, OR ANY OTHER LABOR
 ORGANIZATION.
 
    (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 ACTION IN ORDER TO EFFECTUATE THE
 PURPOSES AND POLICIES OF THE ORDER:
 
    (A) UPON REQUEST, TRANSFER JESSE O. HALL TO THE TRANSMISSION SHOP,
 POWER TRAIN BRANCH, COMPONENTS DIVISION, U.S. ARMY, CORPUS CHRISTI
 DEPOT, CORPUS CHRISTI, TEXAS.
 
    (B) POST AT ITS FACILITIES COPIES OF THE ATTACHED NOTICE MARKED
 "APPENDIX" ON FORMS TO BE FURNISHED BY THE AUTHORITY.  UPON RECEIPT OF
 SUCH FORMS, THEY SHALL BE SIGNED BY THE COMMANDING OFFICER, U.S. ARMY,
 CORPUS CHRISTI ARMY DEPOT, CORPUS CHRISTI, TEXAS, 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 COMMANDER SHALL TAKE REASONABLE
 STEPS TO INSURE THAT SUCH NOTICES ARE NOT ALTERED, DEFACED, OR COVERED
 BY ANY OTHER MATERIAL.
 
    (C) PURSUANT TO 5 CFR 2423.30, 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.
 
    IT IS HEREBY FURTHER ORDERED THAT THE PORTION OF THE COMPLAINT FOUND
 NOT TO BE VIOLATIVE OF THE EXECUTIVE ORDER BE, AND IT HEREBY IS,
 DISMISSED.
 
    ISSUED, WASHINGTON, D.C., NOVEMBER 12, 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 FAIL OR REFUSE TO TRANSFER JESSE O. HALL, OR ANY OTHER
 EMPLOYEE, BECAUSE HE HAS EXERCISED HIS RIGHTS UNDER EXECUTIVE ORDER
 11491, AS AMENDED, TO ASSIST A LABOR ORGANIZATION BY SERVING AS A UNION
 OFFICER AND HAS UTILIZED OFFICIAL TIME IN SUCH CAPACITY IN ACCORDANCE
 WITH A PAST PRACTICE RECOGNIZED BY MANAGEMENT.
 
    WE WILL NOT DISCRIMINATE AGAINST JESSE O. HALL, OR ANY OTHER
 EMPLOYEE, IN ANY MANNER WITH REGARD TO HIRE, TENURE, PROMOTION,
 TRANSFER, OVERTIME, OR OTHER CONDITIONS OF EMPLOYMENT IN ORDER TO
 DISCOURAGE MEMBERSHIP IN OR ACTIVITIES ON BEHALF OF THE AMERICAN
 FEDERATION OF GOVERNMENT EMPLOYEES, OR 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.
 
    WE WILL, UPON REQUEST, TRANSFER JESSE O. HALL TO THE TRANSMISSION
 SHOP, POWER TRAIN BRANCH, COMPONENTS DIVISION, U.S. ARMY, CORPUS CHRISTI
 ARMY DEPOT, CORPUS CHRISTI, TEXAS.
 
                                  . . .
 
                           (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, FEDERAL LABOR RELATIONS AUTHORITY, WHOSE ADDRESS IS:
 BRYAN & ERVAY STREETS, ROOM 450, DOWNTOWN POST OFFICE STATION, P.O. BOX
 2640, DALLAS, TEXAS 75221 AND WHOSE TELEPHONE NUMBER IS:  (214)
 767-4996.
 
 
 
 
 
 
 
 
 
 -------------------- ALJ$ DECISION FOLLOWS --------------------
 
    SAMUEL S. HORN, ESQUIRE
    JAMES G. GILLIAM, ESQUIRE
                            FOR THE RESPONDENT
 
    RICHARD E. FLINT, ESQUIRE
                            FOR THE COMPLAINANT
 
    BEFORE:  GARVIN LEE OLIVER
                         ADMINISTRATIVE LAW JUDGE
 
                                 DECISION
 
                           STATEMENT OF THE CASE
 
    THIS CASE AROSE PURSUANT TO EXECUTIVE ORDER 11491, AS AMENDED, AS A
 RESULT OF AN AMENDED UNFAIR LABOR PRACTICE COMPLAINT FILED BY JESSE O.
 HALL, THEN PRESIDENT, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 AFL-CIO, LOCAL 2142 (COMPLAINANT) AGAINST THE U.S. ARMY, CORPUS CHRISTI
 ARMY DEPOT, CORPUS CHRISTI, TEXAS (RESPONDENT).
 
    THE COMPLAINT ALLEGED, IN SUBSTANCE, THAT COMPLAINANT WAS NOT
 SELECTED FOR REASSIGNMENT TO RESPONDENT'S TRANSMISSION SHOP BECAUSE OF
 HIS UNION ACTIVITIES.  THE COMPLAINT ALSO ALLEGED THAT ONE OF
 RESPONDENT'S BRANCH CHIEFS SO INFORMED COMPLAINANT ON MAY 27, 1978.
 COMPLAINANT ALLEGED THAT RESPONDENT'S ACTIONS VIOLATED SECTION 19(A)(1),
 (2), AND (4) OF THE ORDER.
 
    RESPONDENT DENIED THE ALLEGATIONS.
 
    PURSUANT TO A NOTICE OF HEARING ISSUED BY THE REGIONAL DIRECTOR,
 FEDERAL LABOR RELATIONS AUTHORITY, DALLAS REGION, A HEARING WAS HELD IN
 THIS MATTER BEFORE THE UNDERSIGNED IN CORPUS CHRISTI, TEXAS.  BOTH
 PARTIES WERE REPRESENTED BY COUNSEL AND AFFORDED FULL OPPORTUNITY TO BE
 HEARD, TO ADDUCE RELEVANT EVIDENCE, AND TO EXAMINE AND CROSS-EXAMINE
 WITNESSES AND FILE BRIEFS.
 
    BASED ON THE ENTIRE RECORD HEREIN, INCLUDING MY OBSERVATION OF THE
 WITNESSES AND THEIR DEMEANOR, THE EXHIBITS AND OTHER RELEVANT EVIDENCE
 ADDUCED AT THE HEARING, AND THE BRIEFS, I MAKE THE FOLLOWING FINDINGS OF
 FACT, CONCLUSIONS OF LAW, AND RECOMMENDATIONS.
 
                             FINDINGS OF FACT
 
    1.  COMPLAINANT, JESSE HALL, BEGAN HIS EMPLOYMENT WITH THE RESPONDENT
 AT THE CORPUS CHRISTI ARMY DEPOT IN FEBRUARY 1967 AS A WG-5 IN THE
 TRANSMISSION SHOP.  HE REMAINED IN THE TRANSMISSION SHOP UNTIL 1974
 SERVING IN GRADES WG-5 TO WG-8.  (TR. 205-206).  HE IS CURRENTLY A WG-10
 IN THE AIRFRAME DIVISION.  (COMPLAINANT'S EX. 2).
 
    2.  HALL JOINED THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 AFL-CIO, LOCAL 2142 (THE UNION) IN 1974.  HE BECAME A STEWARD IN EARLY
 1974, CHIEF STEWARD IN SEPTEMBER 1974, AND WAS ELECTED PRESIDENT OF THE
 LOCAL IN 1976.  (TR. 208-209).  IN HIS CAPACITY AS PRESIDENT OF THE
 LOCAL HE ACTIVELY AND SUCCESSFULLY REPRESENTED INDIVIDUALS IN
 GRIEVANCES.  (TR.  45, 211).  DURING 1978 HE ALSO PURSUED OTHER EMPLOYEE
 COMPLAINTS, BROUGHT UNFAIR LABOR PRACTICE COMPLAINTS, AND ENGAGED IN
 NEGOTIATIONS CONCERNING THE COLLECTIVE BARGAINING AGREEMENT.  (TR.
 215-218;  RESPONDENT'S EX. 1).  HIS ACTIVITIES ON BEHALF OF THE UNION
 WERE WELL KNOWN TO RESPONDENT.  (TR. 45, 107).
 
    3.  THE COLLECTIVE BARGAINING AGREEMENT BETWEEN RESPONDENT AND THE
 UNION ESTABLISHED A PROCEDURE WHEREBY A REASONABLE AMOUNT OF TIME DURING
 REGULAR DUTY HOURS COULD BE USED BY THE CHIEF STEWARD AND THE STEWARDS
 TO DISCUSS GRIEVANCES AND OTHER WORK-RELATED MATTERS.  (JOINT EX. 1, PP.
 13-14).  THE AGREEMENT PROVIDED THAT REQUESTS BY A UNION REPRESENTATIVE
 OR OTHER EMPLOYEE TO LEAVE THE JOB WOULD BE KEPT TO A MINIMUM;  THAT
 REQUESTS WOULD BE MADE TO THE EMPLOYEE'S SUPERVISOR;  THAT TIME SPENT BY
 UNION OFFICERS AND REPRESENTATIVES ON CONSULTATION, DISCUSSION, OR
 REPRESENTATIONAL DUTIES WOULD BE CHARGED TO NON-PRODUCTIVE TIME;  AND
 THAT "THE EMPLOYER AGREES TO DISCUSS WITH THE PRESIDENT OF THE UNION
 SPECIFIC CASES WHERE THE EMPLOYER BELIEVES ONE OF THE REPRESENTATIVES
 MAY BE USING MORE THAN A REASONABLE AMOUNT OF TIME IN PURSUING THE
 REPRESENTATION FUNCTION." (JOINT EX. 1, PP. 13-14).
 
    4.  DURING THE PERIOD JANUARY TO APRIL 1978 MR. HALL SPENT
 APPROXIMATELY 70-80% OF HIS EIGHT HOUR WORK DAYS ON UNION ACTIVITIES.
 (TR. 229-230).  HALL FOLLOWED ESTABLISHED PROCEDURES CONCERNING THE USE
 OF SUCH TIME, AND ALSO SUBMITTED INFORMATION ON A DAILY BASIS CONCERNING
 THE AMOUNT OF TIME USED.  THESE REPORTS WERE MADE AVAILABLE TO, AND SEEN
 BY, MANAGEMENT AT ALL RELEVANT LEVELS.  (TR. 65-66, 89-90, 109, 230-231;
  RESPONDENT EXHIBIT 1).  IN THE PAST, ALTHOUGH OCCASIONAL ATTEMPTS WERE
 MADE TO RESTRICT HALL TO HIS WORK SITE, HE FOLLOWED THE ADVICE OF THE
 BASE COMMANDER TO TAKE ALL THE TIME HE NEEDED TO RESOLVE GRIEVANCES AND
 COMPLAINTS.  (TR. 220-223).  HALL RECEIVED NO COMPLAINTS FROM MANAGEMENT
 THAT HIS USE OF OFFICIAL TIME WAS IN ANY WAY UNREASONABLE.  HE HAD A
 REPUTATION AS A GOOD WORKER, AND HIS PERFORMANCE AS AN EMPLOYEE WAS
 CONSISTENTLY RATED IN ALL APPLICABLE ELEMENTS AS ABOVE AVERAGE OR
 OUTSTANDING.  (TR. 48-52;  207;  COMPLAINANT'S EXHIBIT 4).
 
    5.  IN LATE APRIL 1978 THE TRANSMISSION SHOP AT CORPUS CHRISTI ARMY
 DEPOT HAD AN URGENT NEED FOR ADDITIONAL EMPLOYEES TO ASSIST WITH AN
 INCREASED WORKLOAD.  (TR.  24,59).  RESPONDENT DECIDED TO TRANSFER 21
 ENCUMBERED POSITIONS TO THAT SHOP.  (TR. 185, 189, 192).  NO PROMOTIONS
 WERE INVOLVED, BUT OVERTIME WOULD BE AVAILABLE TO THE EMPLOYEES
 TRANSFERRED.  (TR.  29, 31-32, 59, 193).
 
    6.  MR. ADOLPH CHOVANEC, DEPUTY DIRECTOR OF MAINTENANCE, LEVIED A
 REQUIREMENT FOR 20 EMPLOYEES TO BE TRANSFERRED FROM THE AIRFRAMES
 DIVISION TO THE COMPONENTS DIVISION.  (TR. 20).  CHOVANEC SAID THAT
 VOLUNTEERS WERE TO BE SOUGHT AS PART OF THE SELECTION PROCEDURE.  (TR.
 23).  AT THIS POINT, JOHN B. JONES, CHIEF OF THE AIR FRAMES DIVISION,
 ADVISED CHOVANEC THAT HE WAS SURE MR. HALL PROBABLY WOULD BE INTERESTED.
  CHOVANEC REPLIED, "WELL, MR. HALL IS NOT AVAILABLE ON THE JOB THAT
 MUCH.  IF I SEND MR. HALL DOWN TO THE TRANSMISSION SHOP, I WOULD HAVE TO
 SEND SOMEBODY ELSE DOWN THERE TO DO THE WORK." (TR. 94).  MR. CHOVANEC
 WAS OF THE OPINION THAT, IF MR. HALL SHOULD INQUIRE ABOUT IT, HE SHOULD
 BE TOLD THAT HIS NONAVAILABILITY FOR THE JOB, SINCE HE SPENT SO MUCH
 TIME ON UNION BUSINESS, WAS THE REASON FOR NOT SENDING HIM TO THE
 TRANSMISSION SECTION.  (RESPONDENT'S EXHIBIT 2;  TR. 42, 94).  MR.
 CHOVANEC STRESSED THAT PERSONS SELECTED SHOULD BE AVAILABLE TO DO THE
 JOB 8 HOURS A DAY.  (TR. 42).
 
    7.  MR. HALL VOLUNTEERED FOR TRANSFER TO THE TRANSMISSION SHOP.  (TR.
 100).  THERE WAS NO QUESTION AS TO HIS TECHNICAL QUALIFICATIONS FOR THE
 WORK.  (TR. 200).  IN ADDITION, HE HAD EXPERIENCE IN THE TRANSMISSION
 SHOP, A DESIRED FACTOR, WHICH MOST OF THE EMPLOYEES EVENTUALLY
 TRANSFERRED DID NOT HAVE.  (TR. 48, 98-100, 132-133).  HALL WAS NOT
 SELECTED FOR TRANSFER, BECAUSE OF HIS NONAVAILABILITY FOR FULL-TIME WORK
 ON THE JOB DURING THE REGULAR WORK DAY DUE TO HIS USE OF OFFICIAL TIME
 FOR UNION ACTIVITIES.  (TR. 42, 61, 89, 94, 125, 152).  HALL WAS SO
 INFORMED OF THE REASONS FOR HIS REJECTION BY RESPONDENT'S SUPERVISORS
 JOHN B. JONES AND JERRY ALEXANDER.  (TR. 124-,25, 144, 151-152, 222-223;
  RESPONDENT'S EXHIBIT 2).
 
    8.  ANOTHER VOLUNTEER, FERMIN G. SANCHEZ, WAS INITIALLY REJECTED DUE
 TO HIS EXCESSIVE USE OF SICK LEAVE.  WHEN SANCHEZ IMPROVED HIS LEAVE
 RECORD, HE WAS ACCEPTED IN THE TRANSMISSION SHOP.  (TR. 68-70).  STEVE
 FALCON, ANOTHER VOLUNTEER, WAS REJECTED BECAUSE OF A PHYSICAL IMPAIRMENT
 THAT IMPEDED THE FULL AND FREE MOVEMENT REQUIRED IN THE TRANSMISSION
 SHOP.  (TR. 71).
 
    9.  SUBSEQUENT TO HALL'S REJECTION FOR THE TRANSFER, HE HAD ANOTHER
 CONVERSATION WITH HIS BRANCH CHIEF, JERRY ALEXANDER.  ALEXANDER STATED
 TO HALL THAT HAD HALL BEEN ABLE TO REDUCE HIS AMOUNT OF UNION TIME, HE
 COULD PROBABLY HAVE GONE TO THE TRANSMISSION SHOP.  (TR. 124-125).
 
    10.  DURING THE PERIOD MAY 1978 TO JANUARY 1979 THE AVERAGE AMOUNT OF
 OVERTIME WORKED BY EACH WG-10 ASSIGNED TO THE TRANSMISSION SHOP WAS
 APPROXIMATELY 24 1/3 HOURS, OR A TOTAL OF APPROXIMATELY 551 1/2 AVERAGE
 HOURS OVERTIME DURING THE PERIOD.  (COMPLAINANT'S EXHIBIT 3).  HALL
 TESTIFIED THAT HE WOULD HAVE VOLUNTEERED FOR SUCH OVERTIME.  (TR.
 228-229).  THE COLLECTIVE BARGAINING AGREEMENT PROVIDED THAT, INSOFAR AS
 PRACTICABLE, OVERTIME ASSIGNMENTS WOULD FIRST BE FAIRLY DISTRIBUTED
 AMONG THE PERMANENT EMPLOYEES OF THE ORGANIZATION IN WHICH OVERTIME WAS
 TO BE WORKED, AND THAT LEAVE FOR "LEGITIMATE UNION SERVICE" WOULD NOT BE
 USED TO DISQUALIFY AN EMPLOYEE FOR SUCH OVERTIME.  (JOINT EXHIBIT 1, P.
 36).  HALL TESTIFIED THAT HE SOMETIMES WORKED OVERTIME IN HIS PRESENT
 SHOP AFTER AN EIGHT HOUR DAY IN WHICH HE SPENT SOME TIME ON UNION
 BUSINESS.  (TR.  227).  THIS OVERTIME WAS PRODUCTIVE OVERTIME, TIME
 SPENT ON THE JOB, SINCE THE COLLECTIVE BARGAINING AGREEMENT LIMITED THE
 USE OF OFFICIAL TIME DURING OVERTIME TO URGENT ITEMS WHICH COULD NOT BE
 DEFERRED UNTIL THE NEXT NON-OVERTIME DAY.  (TR. 228;  JOINT EXHIBIT 1,
 P. 37).  HALL WAS ALSO KNOWN TO SOMETIMES WORK ON UNION BUSINESS ON HIS
 OWN TIME AFTER DUTY HOURS.
 
    11.  HALL IS NO LONGER PRESIDENT OF AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 2142.
 
               DISCUSSION, CONCLUSIONS, AND RECOMMENDATIONS
 
    COMPLAINANT ALLEGES THAT RESPONDENT VIOLATED SECTION 19()(1), (2),
 AND (4) OF THE ORDER.  RESPONDENT DENIES ANY VIOLATION AND CONTENDS THAT
 THE TRANSMISSION SHOP REQUIRED FULL-TIME SERVICE;  THAT MR. HALL WAS NOT
 AVAILABLE FOR SUCH SERVICE, BECAUSE OF HIS USE OF OFFICIAL TIME FOR
 UNION ACTIVITIES;  AND THAT BY KEEPING MR. HALL IN HIS PRESENT SHOP,
 WHERE HE ABSENCES COULD BE ACCOMMODATED, MANAGEMENT MAINTAINED A
 NECESSARY BALANCE BETWEEN PERFORMANCE OF ITS MISSION AND PERFORMANCE OF
 UNION ACTIVITIES.
 
    SECTION 1(A) OF THE ORDER GUARANTEES TO EACH EMPLOYEE OF THE
 EXECUTIVE BRANCH OF THE FEDERAL GOVERNMENT THE RIGHT, FREELY AND WITHOUT
 FEAR OF PENALTY OR REPRISAL, TO FORM, JOIN, AND ASSIST A LABOR
 ORGANIZATION OR TO REFRAIN FROM SUCH ACTIVITY.  THE RIGHT TO ASSIST A
 LABOR ORGANIZATION EXTENDS TO PARTICIPATION IN THE MANAGEMENT OF THE
 ORGANIZATION.  AGENCY MANAGEMENT'S ENCOURAGEMENT OR DISCOURAGEMENT OF
 THESE RIGHTS BY DISCRIMINATION IN REGARD TO HIRING, TENURE, PROMOTION,
 OR OTHER CONDITIONS OF EMPLOYMENT IS VIOLATIVE OF SECTION 19(A)(2) AND
 (1) OF THE ORDER.  SPECIFICALLY, TO FIND A SECTION 19(A)(2) VIOLATION, A
 COMPLAINANT MUST ESTABLISH THAT MANAGEMENT HAD DISCRIMINATED IN REGARD
 TO TERMS AND CONDITIONS OF EMPLOYMENT BASED ON UNION CONSIDERATIONS.
 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, MILWAUKEE AREA OFFICE,
 MILWAUKEE, WISCONSIN, 7 A/SLMR 948, 949, A/SLMR NO. 925(1977).  FURTHER,
 SUCH A VIOLATION WILL BE FOUND WHERE UNION CONSIDERATIONS ARE SHOWN TO
 HAVE PLAYED ONLY A PART IN MANAGEMENT'S ACTION.  DEPARTMENT OF HEALTH,
 EDUCATION AND WELFARE, SOCIAL SECURITY ADMINISTRATION, BUREAU OF
 HEARINGS AND APPEALS, REGION II, SAN JUAN, PUERTO RICO, 8 A/SLMR 1092,
 1093, A/SLMR NO. 1127(1978).  THUS, IF MANAGEMENT'S FAILURE TO SELECT
 COMPLAINANT FOR TRANSFER WAS BASED IN WHOLE OR IN PART ON HIS UNION
 ACTIVITY, A VIOLATION OF SECTION 19(A)(2) WOULD BE ESTABLISHED.
 DIRECTORATE OF SUPPLY OPERATIONS, DEFENSE LOGISTICS AGENCY,
 HEADQUARTERS, DEFENSE LOGISTICS AGENCY, 2 FLRA 118(1980).
 
    BY NOT BEING SELECTED FOR TRANSFER TO THE TRANSMISSION SHOP,
 COMPLAINANT WAS NOT DEPRIVED OF A PROMOTION, BUT WAS DEPRIVED OF THE
 OPPORTUNITY TO WORK OVERTIME.  OVERTIME IS A CONDITION OF EMPLOYMENT.
 THE RECORD ESTABLISHES THAT COMPLAINANT WAS NOT SELECTED FOR TRANSFER
 BECAUSE MANAGEMENT DETERMINED THAT HIS USE OF OFFICIAL TIME FOR UNION
 ACTIVITIES RENDERED HIM UNAVAILABLE FOR FULL-TIME WORK ON THE JOB.
 THERE WAS NO INDEPENDENT CREDIBLE EVIDENCE OF UNION ANIMUS.
 
    THE USE OF OFFICIAL TIME FOR EMPLOYEE REPRESENTATIONAL ACTIVITIES IS
 A CONTRACTUAL RIGHT, NOT A RIGHT GUARANTEED BY THE ORDER.  MOREOVER,
 MANAGEMENT MAY MONITOR THE AMOUNT OF TIME SPENT ON UNION ACTIVITIES IN
 ORDER TO MAKE WORK ASSIGNMENTS.  HOWEVER, TO PENALIZE OR THREATEN TO
 PENALIZE EMPLOYEES FOR ASSERTING OR EXERCISING RIGHTS ACCORDED THEM
 UNDER A NEGOTIATED AGREEMENT MAY VIOLATE THE ORDER WHERE THE EFFECT OF
 SUCH PENALTY OR THREAT IS TO INTERFERE WITH, RESTRAIN, OR COERCE SUCH
 EMPLOYEES IN THE EXERCISE OF RIGHTS ASSURED BY THE ORDER, E.G. THE
 RIGHTS TO FORM, JOIN, OR ASSIST A LABOR ORGANIZATION.  DEPARTMENT OF THE
 AIR FORCE, BASE PROCUREMENT OFFICE, VANDENBURG AIR FORCE BASE,
 CALIFORNIA, A/SLMR NO. 485, FLRC NO. 75A-25, 4 FLRC 587(1976);
 DEPARTMENT OF THE NAVY, PUGET SOUND NAVAL SHIPYARD, BREMERTON,
 WASHINGTON, A/SLMR NO. 582, FLRC NO.  76A-13, 4 FLRC 390(1976).
 
    RESPONDENT MAKES NO CONTENTION THAT THE ABSENCES OCCASIONED BY HALL'S
 REPRESENTATIONAL ACTIVITIES WERE IN ANY WAY VIOLATIVE OF THE APPLICABLE
 PROVISIONS OF THE COLLECTIVE BARGAINING AGREEMENT.  SUCH ABSENCES, THEN,
 WERE PRESUMABLY FOR THE MUTUAL BENEFIT OF BOTH PARTIES.  /2/ FOR
 RESPONDENT TO CONSIDER HALL'S USE OF SUCH TIME AS RENDERING HIM
 INELIGIBLE FOR TRANSFER MEANT THAT RESPONDENT WAS PENALIZING HALL FOR
 EXERCISING RIGHTS ACCORDED TO HIM AS A UNION OFFICER UNDER THE
 NEGOTIATED AGREEMENT.  THE OBVIOUS CONSEQUENCE AND EFFECT OF SUCH
 PENALTY IS TO DISCOURAGE EMPLOYEES FROM JOINING AND ASSISTANT A LABOR
 ORGANIZATION.  THIS IS INHERENTLY DESTRUCTIVE OF RIGHTS ASSURED UNDER
 SECTION 1(A) OF THE ORDER.
 
    BECAUSE DISCRIMINATION BASED ON UNION CONSIDERATIONS PLAYED A PART IN
 MANAGEMENT'S FAILURE TO SELECT HALL FOR TRANSFER, RESPONDENT VIOLATED
 SECTION 19(A)(2) AND (1) OF THE ORDER.  IN THIS REGARD, THIS CASE IS
 SIMILAR TO DEPARTMENT OF THE ARMY, UNITED STATES ARMY INFANTRY CENTER,
 CIVILIAN PERSONNEL OFFICE, FORT BENNING, GEORGIA, A/SLMR NO. 515, 5
 A/SLMR 325(1975), WHERE THE ASSISTANT SECRETARY FOUND A VIOLATION OF
 SECTION 19(A)(1) AND (2), BECAUSE THE EMPLOYEE'S ACTIVITIES AS A UNION
 STEWARDESS PLAYED SOME PART IN THE DECISION OF MANAGEMENT OFFICIALS NOT
 TO SELECT THE EMPLOYEE FOR PROMOTION.  ALTHOUGH THERE WAS SOME OTHER
 EVIDENCE OF UNION ANIMUS, IT WAS POINTED OUT THAT IT WAS IMPROPER FOR
 MANAGEMENT TO CONSIDER THE ABSENCES OF THE EMPLOYEE FROM HER WORK FOR
 GRIEVANCE ACTIVITY, SINCE, AS IN THE INSTANT CASE, THERE WAS NO
 CONTENTION THAT THE ABSENCES WERE IN ANY WAY VIOLATIVE OF THE COLLECTIVE
 BARGAINING AGREEMENT.  AS IN THE INSTANT CASE, THESE ABSENCES, IN
 MANAGEMENT'S OPINION, MADE THE EMPLOYEE LESS DESIRABLE FOR THE POSITIONS
 UNDER CONSIDERATION.
 
    THE INSTANT CASE IS DISTINGUISHABLE FROM DEPARTMENT OF THE AIR FORCE,
 4392D AEROSPACE SUPPORT GROUP, VANDENBERG AIR FORCE BASE, CALIFORNIA,
 A/SLMR NO. 537, 5 A/SLMR 486(1975) AND PUGET SOUND NAVAL SHIPYARD,
 DEPARTMENT OF THE NAVY, BREMERTON, WASHINGTON, A/SLMR NO. 768, 6 A/SLMR
 709, WHERE THE RECORDS DEMONSTRATED THAT EMPLOYEES WERE TRANSFERRED TO
 LESS DEMANDING POSITIONS SOLELY BECAUSE THEY WERE UNABLE TO MEET THE
 WORK PERFORMANCE REQUIREMENTS OF THEIR CURRENT POSITIONS, BECAUSE OF
 THEIR REPRESENTATIONAL DUTIES.  THE TRANSFER OF THE EMPLOYEES FOR THIS
 REASON ACTUALLY ALLOWED THE EMPLOYEES MORE TIME FOR SUCH DUTIES IN THEIR
 NEW POSITIONS.
 
    RESPONDENT'S ACTION, HOWEVER, IN DETERMINING IN ADVANCE OF ANY
 PERFORMANCE BY MR. HALL IN THE POSITION, THAT HE COULD NOT MEET THE WORK
 PERFORMANCE REQUIREMENTS OF THE NEW POSITION BECAUSE OF THE DEMANDS OF
 HIS UNION ACTIVITIES, HAS THE EFFECT OF DISCRIMINATING AGAINST MR. HALL
 FOR SIMPLY ENGAGING IN SUCH ACTIVITIES.  IN MY VIEW, THE PROPER COURSE
 OF ACTION FOR RESPONDENT TO TAKE, IN ORDER TO BALANCE ITS RIGHTS IN
 PERFORMING ITS MISSION WITH THOSE OF THE EMPLOYEE'S PROTECTED ACTIVITY
 AND THE GOALS OF EFFICIENT GOVERNMENT, WAS TO CONSIDER HALL'S REQUEST
 FOR TRANSFER COMPLETELY APART FROM UNION CONSIDERATIONS, AND IF THE
 TRANSFER WAS GRANTED AND MR. HALL PROVED TO BE UNABLE TO PERFORM THE
 REQUIRED WORK, RESPONDENT COULD HAVE TAKEN ACTION CONSISTENT WITH THE
 ABOVE VANDENBERG AND PUGET SOUND CASES AND TRANSFERRED HIM OUT OF THE
 POSITION.  /3/ AS THE COUNCIL NOTED IN DEPARTMENT OF THE AIR FORCE, BASE
 PROCUREMENT OFFICE, VANDENBURG AIR FORCE BASE, CALIFORNIA, SUPRA, 4 FLRC
 AT P. 594, FN. 11:
 
    . . . PURSUANT TO SECTION 12(A) OF THE ORDER, IN THE ADMINISTRATION
 OF THE AGREEMENT THE
 
    PARTIES ARE GOVERNED BYLAWS AND CONTROLLING REGULATIONS.  FURTHER,
 THE ORDER MANDATES THE
 
    RETENTION TO MANAGEMENT OF CERTAIN RIGHTS WHICH MAY NOT BE BARGAINED
 AWAY, INCLUDING
 
    SPECIFICALLY THE RIGHT "TO DIRECT EMPLOYEES OF THE AGENCY." THUS,
 WHILE THE ORDER PERMITS A
 
    LABOR ORGANIZATION TO NEGOTIATE FOR THE USE OF OFFICIAL TIME FOR
 CONTRACT ADMINISTRATION AND
 
    OTHER EMPLOYEE REPRESENTATIONAL ACTIVITIES AND PROTECTS EMPLOYEES
 FROM INTERFERENCE WITH
 
    RIGHTS ASSURED BY THE ORDER, THE ORDER DOES NOT PRECLUDE AGENCY
 MANAGEMENT FROM INSISTING THAT
 
    EMPLOYEES ABIDE BY THE TERMS OF THE AGREEMENT, APPLICABLE LAWS AND
 REGULATIONS, AND MOST
 
    CERTAINLY DOES NOT PRECLUDE AGENCY MANAGEMENT FROM DIRECTING THOSE
 EMPLOYEES IN THE
 
    PERFORMANCE OF THEIR ASSIGNED DUTIES.
 
    THE RECORD REFLECTS THAT SUBSEQUENT TO HALL'S REJECTION FOR THE
 TRANSFER, HIS BRANCH CHIEF, JERRY ALEXANDER, SUGGESTED TO HALL THAT HAD
 HALL BEEN ABLE TO REDUCE HIS AMOUNT OF UNION TIME, HE COULD PROBABLY
 HAVE GONE TO THE TRANSMISSION SHOP.  (TR. 124-125;  219).  THIS
 STATEMENT INDICATED THAT HALL'S OPPORTUNITIES WOULD BE LIMITED SO LONG
 AS HE CONTINUED TO PERFORM HIS AUTHORIZED REPRESENTATIONAL DUTIES, UNDER
 THE TIME FRAME PROCEDURES PREVIOUSLY NEGOTIATED BY THE PARTIES, AND
 OSTENSIBLY, AT LEAST, FOUND ACCEPTABLE BY RESPONDENT IN PRACTICE.  SEE
 DEPARTMENT OF THE ARMY, PICATINNY ARSENAL, DOVER, NEW JERSEY, A/SLMR NO.
 512, 5 A/SLMR 293(1975);  DEPARTMENT OF THE ARMY, UNITED STATES ARMY
 INFANTRY CENTER, CIVILIAN PERSONNEL OFFICE, FORT BENNING, GEORGIA,
 SUPRA, 5 A/SLMR AT 326.  I FIND THAT THIS STATEMENT INDEPENDENTLY
 VIOLATED SECTION 19(A)(1) OF THE ORDER.  IT INTERFERED WITH, RESTRAINED,
 AND COERCED HALL IN THE EXERCISE OF RIGHTS ASSURED BY THE ORDER TO JOIN
 AND ASSIST A LABOR ORGANIZATION.
 
    THE RECORD ESTABLISHES THAT APART FROM RESPONDENT'S CONSIDERATION OF
 COMPLAINANT'S UNION ACTIVITIES, HE WOULD HAVE BEEN SELECTED FOR TRANSFER
 TO THE TRANSMISSION SHOP WITH THE OPPORTUNITY THAT IT PROVIDED TO WORK
 OVERTIME.  THEREFORE, THE RECOMMENDED ORDER PROVIDES THAT HE BE SO
 TRANSFERRED, UPON HIS REQUEST.  HOWEVER, IT CANNOT BE CONCLUDED THAT BUT
 FOR THE IMPROPER ACTION, COMPLAINANT WOULD HAVE WORKED SUCH OVERTIME.
 THEREFORE, COMPLAINANT CAN NOT BE ORDERED COMPENSATED FOR ANY LOSS OF
 BACK PAY OR DIFFERENTIAL WHICH HE MIGHT HAVE EARNED FOR OVERTIME.  THE
 FEDERAL LABOR RELATIONS COUNCIL NOTED THAT IN ORDER TO MAKE A VALID
 AWARD OF BACKPAY UNDER THE BACK PAY ACT OF 1966, 5 U.S.C. SECTION 5596,
 IT IS NECESSARY NOT ONLY TO FIND THAT AN EMPLOYEE HAS BEEN ADVERSELY
 AFFECTED BY AGENCY MANAGEMENT'S IMPROPER ACTION, BUT ALSO THAT "BUT FOR"
 THE IMPROPER ACTION THE EMPLOYEE WOULD NOT HAVE SUFFERED A LOSS OR
 REDUCTION IN PAY, ALLOWANCES, OR YARD METAL TRADES COUNCIL, AFL-CIO, 4
 FLRA 143, 149, YARD METAL TRADES COUNCIL, AFL-CIO, 4 FLRC 143, 149, FLRC
 NO. 74A-64(1976);  DIRECTORATE OF SUPPLY OPERATIONS, DEFENSE LOGISTICS
 AGENCY, HEADQUARTERS, DEFENSE LOGISTICS AGENCY, 1 FLRA 118(1980).
 COMPARE U.S. CUSTOMS SERVICE, REGION IV, MIAMI, FLORIDA, 1 FLRA
 108(1979), IN WHICH BACKPAY WAS AWARDED FOR OVERTIME, WHERE THE RECORD
 SHOWED THAT THE EMPLOYEE HAD REGULARLY WORKED SPECIAL OVERTIME AND BUT
 FOR MANAGEMENT'S IMPROPER ACTION WOULD HAVE WORKED THIS OVERTIME ON
 DATES CERTAIN.
 
    THERE IS NO CREDIBLE EVIDENCE THAT RESPONDENT VIOLATED SECTION
 19(A)(4) OF THE ORDER BY DISCIPLINING OR OTHERWISE DISCRIMINATING
 AGAINST MR. HALL BECAUSE HE HAS FILED A COMPLAINT OR GIVEN TESTIMONY
 UNDER THE ORDER.  IT IS RECOMMENDED THAT THE COMPLAINT BE DISMISSED IN
 THIS RESPECT.
 
    HAVING FOUND AND CONCLUDED THAT RESPONDENT HAS VIOLATED SECTION
 19(A)(1) AND (2) OF EXECUTIVE ORDER 11491, AS AMENDED, I RECOMMEND THAT
 THE AUTHORITY ISSUE 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 U.S. ARMY, CORPUS CHRISTI ARMY DEPOT, CORPUS CHRISTI, TEXAS,
 SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) FAILING OR REFUSING TO TRANSFER JESSE O. HALL, OR ANY OTHER
 EMPLOYEE, BECAUSE HE HAS EXERCISED HIS RIGHTS UNDER THE EXECUTIVE ORDER
 TO ASSIST A LABOR ORGANIZATION BY SERVING AS A UNION OFFICER AND HAS
 UTILIZED OFFICIAL TIME IN SUCH CAPACITY PURSUANT TO THE TERMS OF A
 COLLECTIVE BARGAINING AGREEMENT.
 
    (B) DISCRIMINATING AGAINST JESSE O. HALL IN ANY MANNER WITH REGARD TO
 HIRE, TENURE, PROMOTION, TRANSFER, OVERTIME, OR OTHER CONDITIONS OF
 EMPLOYMENT, IN ORDER TO DISCOURAGE MEMBERSHIP IN OR ACTIVITIES ON BEHALF
 OF THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, OR ANY OTHER LABOR
 ORGANIZATION.
 
    (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 ACTION IN ORDER TO EFFECTUATE THE
 PURPOSES AND POLICIES OF THE ORDER:
 
    (A) UPON REQUEST, TRANSFER JESSE O. HALL TO THE TRANSMISSION SHOP,
 POWER TRAIN BRANCH, COMPONENTS DIVISION, U.S. ARMY CORPUS CHRISTI DEPOT,
 CORPUS CHRISTI, TEXAS.
 
    (B) POST AT ITS FACILITIES COPIES OF THE ATTACHED NOTICE MARKED
 "APPENDIX" ON FORMS TO BE FURNISHED BY THE AUTHORITY.  UPON RECEIPT OF
 SUCH FORMS, THEY SHALL BE SIGNED BY THE COMMANDING OFFICER, U.S. ARMY
 CORPUS CHRISTI ARMY DEPOT, CORPUS CHRISTI, TEXAS, 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 COMMANDER SHALL TAKE REASONABLE
 STEPS TO INSURE THAT SUCH NOTICES ARE NOT ALTERED, DEFACED, OR COVERED
 BY ANY OTHER MATERIAL.
 
    (C) PURSUANT TO 5 C.F.R. SECTION 2423.30 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.
 
                        GARVIN LEE OLIVER
                        ADMINISTRATIVE LAW JUDGE
 
    DATED:  JUNE 3, 1980
    WASHINGTON, D.C.
 
 
 
 
 
                                 APPENDIX
 
           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 FAIL OR REFUSE TO TRANSFER JESSE O. HALL, OR ANY OTHER
 EMPLOYEE, BECAUSE HE HAS EXERCISED HIS RIGHTS UNDER EXECUTIVE ORDER
 11491, AS AMENDED, TO ASSIST A LABOR ORGANIZATION BY SERVING AS A UNION
 OFFICER AND HAS UTILIZED OFFICIAL TIME IN SUCH CAPACITY IN ACCORDANCE
 WITH A COLLECTIVE BARGAINING AGREEMENT.
 
    WE WILL NOT DISCRIMINATE AGAINST JESSE O. HALL, OR ANY OTHER
 EMPLOYEE, IN ANY MANNER WITH REGARD TO HIRE, TENURE, PROMOTION,
 TRANSFER, OVERTIME, OR OTHER CONDITIONS OF EMPLOYMENT IN ORDER TO
 DISCOURAGE MEMBERSHIP IN OR ACTIVITIES ON BEHALF OF THE AMERICAN
 FEDERATION OF GOVERNMENT EMPLOYEES, OR 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.
 
    WE WILL, UPON REQUEST, TRANSFER JESSE O. HALL TO THE TRANSMISSION
 SHOP, POWER TRAIN BRANCH, COMPONENTS DIVISION, U.S. ARMY CORPUS CHRISTI
 ARMY DEPOT, CORPUS CHRISTI, TEXAS.
 
                           (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, FEDERAL LABOR RELATIONS AUTHORITY, WHOSE ADDRESS IS:
 BRYAN & ERVAY STREET, OLD POST OFFICE BUILDING, ROOM 450, DALLAS, TEXAS
 75221.
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /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 AUTHO