Department of the Air Force, Air Force Plant Representative Office, Detachment 27, Fort Worth, Texas (Activity) and National Federation of Federal Employees, Local 1958 (Petitioner) and American Federation of Government Employees, Local 1361, AFL-CIO (Intervenor); United States Department of Defense, Air Force, Air Force Plant Representative Office Detachment 27 (AFPRO, General Dynamics) Fort Worth, Texas (Respondent) and American Federation of Government Employees, Local 1361, AFL-CIO (Charging Party) 



[ v05 p492 ]
05:0492(62)CA
The decision of the Authority follows:


 5 FLRA No. 62
 
 DEPARTMENT OF THE AIR FORCE
 AIR FORCE PLANT REPRESENTATIVE OFFICE
 DETACHMENT 27, FORT WORTH, TEXAS
 Activity
 
 and
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 1958
 Petitioner
                                            Case No. 6-RO-7
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 1361
 Intervenor
 
 
 UNITED STATES DEPARTMENT OF DEFENSE
 DEPARTMENT OF THE AIR FORCE
 AIR FORCE PLANT REPRESENTATIVE OFFICE
 DETACHMENT 27 (AFPRO, GENERAL DYNAMICS)
 FORT WORTH, TEXAS
 Respondent
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 1361
 Charging Party
 
                                            Case No. 6-CA-233
 
          CONSOLIDATED DECISION AND ORDER AND DIRECTION OF SECOND
                                 ELECTION
 
    THESE CASES ARE BEFORE THE AUTHORITY PURSUANT TO A REQUEST FOR REVIEW
 OF THE REGIONAL DIRECTOR'S REPORT AND FINDINGS ON OBJECTIONS IN CASE NO.
 6-RO-7 AND PURSUANT TO THE REGIONAL DIRECTOR'S ORDER TRANSFERRING CASE
 TO THE FEDERAL LABOR RELATIONS AUTHORITY IN ACCORDANCE WITH SECTION
 2429.1 (5 CFR 2429.1) OF THE AUTHORITY'S RULES AND REGULATIONS IN CASE
 NO. 6-CA-233.  INASMUCH AS BOTH CASES INVOLVE THE SAME PARTIES AND ARISE
 OUT OF THE SAME FACTS AND CIRCUMSTANCES, THE ACTIVITY'S UNOPPOSED
 REQUEST THAT THE CASES BE CONSOLIDATED FOR CONSIDERATION AND DECISION IS
 GRANTED.
 
    UPON CONSIDERATION OF THE ENTIRE RECORD IN THE SUBJECT CASES,
 INCLUDING THE REGIONAL DIRECTOR'S REPORT AND FINDINGS ON OBJECTIONS IN
 CASE NO. 6-RO-7 AND THE PARTIES' STIPULATION AND RESPECTIVE BRIEFS IN
 CASE NO. 6-CA-233, THE AUTHORITY FINDS:
 
    IN MAY 1979, THE NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 1958
 (NFFE) FILED A PETITION SEEKING TO REPRESENT A UNIT CONSISTING OF ALL
 THE ACTIVITY'S GENERAL SCHEDULE PROFESSIONAL AND NON-PROFESSIONAL
 EMPLOYEES, EXCLUDING EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK IN
 OTHER THAN A PURELY CLERICAL CAPACITY, MANAGEMENT OFFICIALS AND
 SUPERVISORS AS DEFINED IN THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
 STATUTE (5 U.S.C. 7101-7135).  THE AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 1361 (AFGE) BECAME AN INTERVENOR IN THAT
 PROCEEDING.  IN JUNE 1979, THE PARTIES ENTERED INTO AN APPROVED
 AGREEMENT FOR CONSENT OR DIRECTED ELECTION PURSUANT TO WHICH A
 REPRESENTATION ELECTION WAS SCHEDULED TO BE CONDUCTED ON JULY 12, 1979.
 A FEW DAYS BEFORE THE ELECTION, ON OR ABOUT JULY 10, 1979, THE ACTIVITY
 PUBLISHED A NEWSLETTER ENTITLED "TALLEY-HO. GRAM," DATED JULY 10, 1979
 SIGNED BY THE ACTIVITY'S CHIEF MANAGEMENT OFFICIAL.  THE NEWSLETTER WAS
 PUBLISHED IN THE ACTIVITY'S CHIEF MANAGEMENT OFFICIAL.  THE NEWSLETTER
 WAS PUBLISHED IN THE ACTIVITY'S ELEVEN DIVISIONS BY BEING POSTED ON
 BULLETIN BOARDS WHERE NOTICES TO EMPLOYEES ARE CUSTOMARILY POSTED IN THE
 LARGER DIVISIONS, AND BY BEING CIRCULATED DIRECTLY TO EMPLOYEES IN THE
 SMALLER DIVISIONS, AND BY BEING CIRCULATED DIRECTLY TO EMPLOYEES IN THE
 SMALLER DIVISIONS.  THE NEWSLETTER ALSO WAS POSTED ON THE MAIN EMPLOYEE
 BULLETIN BOARD LOCATED APPROXIMATELY 90 FEET FROM THE VOTING BOOTH IN
 THE PROSPECTIVE ELECTION AND IN A DIRECTION FROM WHICH THE MAJORITY OF
 THE EMPLOYEES WOULD PASS ON THEIR WAY TO VOTE.  THE "TALLEY-HO. GRAM,"
 WHICH REMAINED POSTED ON THE BULLETIN BOARDS THROUGH JULY 12, 1979, THE
 DATE OF THE ELECTION, STATED AS FOLLOWS:
 
                               10 JULY 1979
 
                        POST ON ALL BULLETIN BOARDS
 
    1.  NOTICES HAVE BEEN POSTED AND DISTRIBUTED ON THE UNION ELECTION TO
 BE HELD THURSDAY, 12 JULY, BETWEEN 1345 AND 1545.  EMPLOYEES ON THE
 PAYROLL AS OF CLOSE OF BUSINESS 2 JUNE 1979 WILL BE ELIGIBLE TO CAST
 THEIR VOTE FOR:
 
                                * NO UNION
 
                                  * AFGE
 
                                  * NFFE
 
    YOUR DECISION WILL BE BINDING OVER THE YEARS TO COME SHOULD YOU VOTE
 FOR A UNION TO REPRESENT YOU.
 
    2.  YOU ALL HAVE REPRESENTATIVES IN CONGRESS.  A 15[ STAMP WILL ALLOW
 YOU TO COMMUNICATE WITH THEM.  WHEN WRITING TO YOUR CONGRESSMAN, I
 SUGGEST ONLY ONE TOPIC OR SUBJECT TO A LETTER.
 
    3.  THE UPCOMING ELECTION WILL BE MONITORED BY THE FEDERAL LABOR
 RELATIONS AUTHORITY.  ALL PARTIES CONCERNED WILL HAVE AN OBSERVER
 PRESENT AT THE VOTING LOCATION (MIC).  VOTES WILL BE TALLIED BY THE
 OBSERVER AND CERTIFIED TO BY THE FEDERAL LABOR RELATIONS AUTHORITY.
 
    4.  BETWEEN NOW AND THURSDAY AFGE AND NFFE WILL HAVE REPRESENTATIVES
 IN THE AFPRO BETWEEN 1100 AND 1300.  VIRGINIA SCHMIDT, CPR, HAS SENT OUT
 NOTICES CITING WHERE THESE REPRESENTATIVES WILL MEET WITH EMPLOYEES.  BE
 CANDID WITH THESE REPRESENTATIVES.  ASK THEM WHAT THEY CAN DO FOR YOU
 THAT YOUR CONGRESSMAN CANNOT DO.  I HAVE TALKED TO EACH REPRESENTATIVE.
 -- NOW IT IS YOUR TURN.  VOTE ACCORDINGLY.
 
    DORSEY J. TALLEY, COLONEL, USAF
 
    COMMANDER
 
    IN THE SECRET BALLOT ELECTION CONDUCTED ON JULY 12, 1980, A MAJORITY
 OF THE VALID VOTES COUNTED (50 OF 90 NON-PROFESSIONALS AND 10 OF 18
 PROFESSIONALS) WERE CAST AGAINST EXCLUSIVE RECOGNITION.
 
    AFGE THEREAFTER FILED TIMELY OBJECTIONS TO CONDUCT ALLEGED TO HAVE
 IMPROPERLY AFFECTED THE RESULTS OF THE ELECTION (CASE NO. 6-RO-7),
 CONTENDING THAT THE CONTENTS OF THE "TALLEY-HO. GRAM" POSTED BY THE
 ACTIVITY A FEW DAYS BEFORE THE ELECTION INTERFERED WITH THE FREE CHOICE
 OF ELIGIBLE VOTERS IN THE ELECTION.  ADDITIONALLY, AFGE LATER FILED AN
 UNFAIR LABOR PRACTICE CHARGE ALLEGING THAT, BY SUCH CONDUCT, THE
 ACTIVITY ALSO VIOLATED SECTION 7116(A)(1) OF THE STATUTE (CASE NO.
 6-CA-233).  /1/
 
    IN CASE NO. 6-RO-7, THE REGIONAL DIRECTOR ISSUED HIS REPORT AND
 FINDINGS ON OBJECTIONS IN WHICH HE FOUND, BASED UPON AN INVESTIGATION
 AND THE POSITIONS OF THE PARTIES, THAT NO QUESTION OF FACT EXISTED WITH
 REGARD TO THE CONTENT OF THE ACTIVITY'S NEWSLETTER AND THAT PORTIONS OF
 THE NEWSLETTER VIOLATED THE ACTIVITY'S DUTY OF NEUTRALITY AND/OR
 CONTAINED MISREPRESENTATIONS OF FACT.  MORE SPECIFICALLY, THE REGIONAL
 DIRECTOR FOUND THAT THE LAST SENTENCE OF ITEM 1 IN THE "TALLEY-HO.
 GRAM," I.E., "YOUR DECISION WILL BE BINDING OVER THE YEARS TO COME
 SHOULD YOU VOTE FOR A UNION TO REPRESENT YOU," WAS FACTUALLY INCORRECT
 AND VIOLATED THE STATUTORY REQUIREMENT OF AGENCY NEUTRALITY BY CLEARLY
 IMPLYING THE EMPLOYEES WOULD BE "BURDENED" WITH THE UNION FOR MANY YEARS
 IF THEY VOTED FOR EXCLUSIVE RECOGNITION.  HE FURTHER FOUND THAT ITEM 4
 OF THE "TALLEY-HO. GRAM," WHICH ADVISES EMPLOYEES TO QUESTION BOTH LABOR
 ORGANIZATIONS ON THE BALLOT REGARDING WHAT UNION REPRESENTATION COULD DO
 FOR THEM THAT THEIR CONGRESSMAN COULD NOT DO, CLEARLY IMPLIED THAT THE
 UNIT EMPLOYEES DID NOT NEED A UNION AT ALL AND THEREFORE CONSTITUTED A
 VIOLATION OF AGENCY NEUTRALITY.  IN SO FINDING, THE REGIONAL DIRECTOR
 REJECTED THE ACTIVITY'S CONTENTION THAT THE MESSAGE CONTAINED IN THE
 NEWSLETTER WAS FACTUAL AND NEUTRAL AND WAS AN EXPRESSION PROTECTED BY
 SECTION 7116(E) OF THE STATUTE.  /2/ ACCORDINGLY, HE CONCLUDED THAT
 IMPROPER CONDUCT OCCURRED WHICH AFFECTED THE RESULTS OF THE ELECTION AND
 REQUIRED THE ELECTION TO BE SET ASIDE AND RERUN AS SOON AS POSSIBLE
 AFTER RESOLUTION OF THE ISSUES IN THE RELATED UNFAIR LABOR PRACTICE CASE
 (6-CA-233).  THE ACTIVITY THEREAFTER FILED A REQUEST FOR REVIEW SEEKING
 REVERSAL OF THE REGIONAL DIRECTOR'S REPORT AND FINDINGS ON OBJECTIONS,
 CONTENDING THAT THE "TALLEY-HO. GRAM" DID NOT VIOLATE AGENCY NEUTRALITY
 AND, IN ANY EVENT, WAS AN EXPRESSION PROTECTED BY SECTION 7116(E) OF THE
 STATUTE.
 
    IN CASE NO. 6-CA-233, THE ACTIVITY ESSENTIALLY RESTATED THE FOREGOING
 ARGUMENTS IN ITS BRIEF TO THE AUTHORITY, ARGUING THAT THE ISSUES IN BOTH
 CASES WERE THE SAME.  AFGE AND THE GENERAL COUNSEL, IN THEIR RESPECTIVE
 BRIEFS, CONTENDED IN EFFECT THAT THE STATEMENTS CONTAINED IN THE
 "TALLEY-HO. GRAM" WERE NOT AN EXPRESSION OF "PERSONAL VIEWS" BUT
 CONTAINED AN IMPLIED ANTI-UNION ATTITUDE ON THE PART OF MANAGEMENT AND
 THEREFORE WERE UNPROTECTED BY SECTION 7116(E) OF THE STATUTE.
 
    AS PREVIOUSLY STATED, THE QUESTIONS BEFORE THE AUTHORITY ARE (1)
 WHETHER CERTAIN STATEMENTS CONTAINED IN THE "TALLEY-HO. GRAM" CONSTITUTE
 SUFFICIENT BASIS FOR SETTING ASIDE THE ELECTION IN CASE NO. 6-RO-7, AND
 (2) WHETHER SUCH STATEMENTS FURTHER CONSTITUTE A VIOLATION OF SECTION
 7116(A)(1) OF THE STATUTE AS ALLEGED IN CASE NO. 6-CA-233.  FOR THE
 REASONS SET FORTH BELOW, THE AUTHORITY CONCLUDES THAT BOTH QUESTIONS
 MUST BE ANSWERED IN THE AFFIRMATIVE.
 
    SECTION 7116(E) OF THE STATUTE, AS FINALLY ENACTED AND SIGNED INTO
 LAW, INCORPORATES A NUMBER OF AMENDMENTS WHICH WERE ADDED BY THE
 SENATE-HOUSE CONFERENCE COMMITTEE TO THE PROVISION CONTAINED IN THE BILL
 PASSED BY THE SENATE.  /3/ THE JOINT EXPLANATORY STATEMENT OF THE
 COMMITTEE ON CONFERENCE INDICATES THE FOLLOWING WITH RESPECT THERETO:
 /4/
 
                       EXPRESSION OF PERSONAL VIEWS
 
    SENATE SECTION 7216(G) STATES THAT THE EXPRESSION OF . . .  ANY
 PERSONAL VIEWS, ARGUMENT,
 
    OPINION, OR THE MAKING OF ANY STATEMENT SHALL NOT CONSTITUTE AN
 UNFAIR LABOR PRACTICE OR
 
    INVALIDATE AN ELECTION IF THE EXPRESSION CONTAINS NO THREAT OF
 REPRISAL OR FORCE OR PROMISE OF
 
    BENEFIT OR UNDUE COERCIVE CONDITIONS.
 
    THE HOUSE BILL CONTAINS NO COMPARABLE PROVISION.
 
    THE HOUSE RECEDES TO THE SENATE WITH AN AMENDMENT SPECIFYING IN
 GREATER DETAIL THE TYPES OF
 
    STATEMENTS THAT MAY BE MADE UNDER THIS SECTION.  THE PROVISION
 AUTHORIZES STATEMENTS
 
    ENCOURAGING EMPLOYEES TO VOTE IN ELECTIONS, TO CORRECT THE RECORD
 WHERE FALSE OR MISLEADING
 
    STATEMENTS ARE MADE, OR TO CONVEY THE GOVERNMENT'S VIEWS ON
 LABOR-MANAGEMENT RELATIONS.  THE
 
    WORDING OF THE CONFERENCE REPORT IS INTENDED TO REFLECT THE CURRENT
 POLICY OF THE CIVIL
 
    SERVICE COMMISSION WHEN ADVISING AGENCIES ON WHAT STATEMENTS THEY MAY
 MAKE DURING AN ELECTION,
 
    AND TO CODIFY CASE LAW UNDER EXECUTIVE ORDER 11491, AS AMENDED, ON
 THE USE OF STATEMENTS IN
 
    ANY UNFAIR LABOR PRACTICE PROCEEDING.
 
    THUS, SECTION 7116(E) PROVIDES THAT:
 
    THE EXPRESSION OF ANY PERSONAL VIEW, ARGUMENT, OPINION . . .  SHALL
 NOT, IF THE EXPRESSION
 
    CONTAINS NO THREAT OF REPRISAL OR FORCE OR PROMISE OF BENEFIT OR WAS
 NOT MADE UNDER COERCIVE
 
    CONDITIONS . . . CONSTITUTE AN UNFAIR LABOR PRACTICE . . .
 
    AS TO REPRESENTATION ELECTIONS, SECTION 7116(E) PROVIDES THAT:
 
    (T)HE MAKING OF ANY STATEMENT WHICH--
 
    (1) PUBLICIZES THE FACT OF A REPRESENTATIONAL ELECTION AND ENCOURAGES
 EMPLOYEES TO EXERCISE
 
    THEIR RIGHT TO VOTE IN SUCH ELECTION,
 
    (2) CORRECTS THE RECORD WITH RESPECT TO ANY FALSE OR MISLEADING
 STATEMENT MADE BY ANY
 
    PERSON, OR
 
    (3) INFORMS EMPLOYEES OF THE GOVERNMENT'S POLICY RELATING TO
 LABOR-MANAGEMENT RELATIONS AND
 
    REPRESENTATION, SHALL NOT, IF THE EXPRESSION CONTAINS NO THREAT OF
 REPRISAL OR FORCE OR
 
    PROMISE OF BENEFIT OR WAS NOT MADE UNDER COERCIVE CONDITIONS . .  .
 CONSTITUTE AN UNFAIR LABOR
 
    PRACTICE . . . OR . . . CONSTITUTE GROUNDS FOR THE SETTING ASIDE OF
 ANY ELECTION . . .  ACCORDINGLY, WHILE SECTION 7216(G) OF THE SENATE
 BILL PERMITTED THE EXPRESSION OF PERSONAL VIEWS DURING AN ELECTION
 CAMPAIGN, SECTION 7116(E) OF THE STATUTE SPECIFIES THOSE STATEMENTS
 WHICH ARE AUTHORIZED-- I.E., STATEMENTS ENCOURAGING EMPLOYEES TO VOTE IN
 ELECTIONS, CORRECTING THE RECORD WHERE FALSE OR MISLEADING STATEMENTS
 ARE MADE, OR CONVEYING THE GOVERNMENT'S VIEWS ON LABOR-MANAGEMENT
 RELATIONS.
 
    WHILE EXECUTIVE ORDER 11491, AS AMENDED, DID NOT CONTAIN A SPECIFIC
 PROVISION SUCH AS SECTION 7116(E) OF THE STATUTE, A POLICY WAS
 ESTABLISHED THEREUNDER THAT AGENCY MANAGEMENT WAS REQUIRED TO MAINTAIN A
 POSTURE OF NEUTRALITY IN ANY REPRESENTATION ELECTION CAMPAIGN.  /5/
 WHERE MANAGEMENT DEVIATED FROM ITS REQUIRED POSTURE OF NEUTRALITY AND
 THEREBY INTERFERED WITH THE FREE AND UNTRAMMELED EXPRESSION OF THE
 EMPLOYEES' CHOICE IN THE ELECTION, SUCH ELECTION WOULD BE SET ASIDE AND
 A NEW ELECTION ORDERED.  /6/ MOREOVER, MANAGEMENT'S BREACH OF NEUTRALITY
 DURING AN ELECTION CAMPAIGN WAS ALSO FOUND TO VIOLATE SECTION 19(A)(1)
 OF EXECUTIVE ORDER 11491, AS AMENDED, /7/ BY INTERFERING WITH,
 RESTRAINING AND COERCING EMPLOYEES IN THE EXERCISE OF THEIR PROTECTED
 RIGHTS TO DETERMINE WHETHER TO CHOOSE OR REJECT UNION REPRESENTATION.
 /8/ WE NOW TURN TO THE APPLICATION OF THE FOREGOING POLICY AND CASE LAW
 TO THE FACTS AND CIRCUMSTANCES OF THE SUBJECT CASES, IN ACCORDANCE WITH
 THE STATED INTENT OF CONGRESS IN ENACTING SECTION 7116(E) OF THE STATUTE
 (SUPRA N. 2).
 
    IN CASE NO. 6-RO-7, AS PREVIOUSLY STATED, THE REGIONAL DIRECTOR FOUND
 THAT PORTIONS OF THE "TALLEY-HO. GRAM," AS POSTED ON THE ACTIVITY'S
 BULLETIN BOARDS AND DISTRIBUTED TO THE EMPLOYEES SHORTLY BEFORE THE
 ELECTION, VIOLATED THE REQUIREMENTS OF NEUTRALITY AND/OR CONTAINED
 MISREPRESENTATIONS OF FACT WHICH REQUIRED THE ELECTION TO BE SET ASIDE.
 THE AUTHORITY CONCLUDES, IN AGREEMENT WITH THE REGIONAL DIRECTOR, THAT
 THOSE STATEMENTS IN THE "TALLEY-HO. GRAM" TO THE EFFECT THAT THE
 EMPLOYEES' "DECISION WILL BE BINDING OVER THE YEARS TO COME SHOULD YOU
 VOTE FOR A UNION TO REPRESENT YOU" AND URGING THE EMPLOYEES TO "(A)SK
 (THE UNIONS) WHAT THEY CAN DO FOR YOU THAT YOUR CONGRESSMAN CANNOT DO"
 VIOLATED THE REQUIREMENTS OF MANAGEMENT NEUTRALITY DURING AN ELECTION
 CAMPAIGN.  SUCH STATEMENTS CLEARLY COULD BE INTERPRETED BY THE UNIT
 EMPLOYEES AS IMPLYING THAT THEY DID NOT NEED AND WOULD NOT BENEFIT FROM
 UNION REPRESENTATION, AND WOULD BE UNABLE TO RID THEMSELVES OF UNION
 REPRESENTATION FOR YEARS TO COME IF THEY WERE TO VOTE IN FAVOR OF
 EXCLUSIVE RECOGNITION IN THE FORTHCOMING ELECTION.  IN THE AUTHORITY'S
 VIEW, SUCH STATEMENTS INTERFERED WITH THE EMPLOYEES' FREEDOM OF CHOICE
 IN THE ELECTION AND THEREFORE REQUIRED THE ELECTION TO BE SET ASIDE.
 
    IN SO CONCLUDING, THE AUTHORITY REJECTS THE ACTIVITY'S CONTENTION
 THAT THE FOREGOING STATEMENTS CONTAINED IN THE TALLEY-HO. GRAM" WERE
 PROTECTED BY SECTION 7116(E) OF THE STATUTE.  AT THE OUTSET, THE
 AUTHORITY REJECTS THE ACTIVITY'S ASSERTION THAT THE "TALLEY-HO.  GRAM"
 WAS MERELY THE "EXPRESSION OF (A) PERSONAL VIEW, ARGUMENT, (OR) OPINION"
 WITHIN THE MEANING OF SECTION 7116(E) OF THE STATUTE.  RATHER, WHERE (AS
 HERE) WRITTEN STATEMENTS BY THE HEAD OF AN ACTIVITY ARE POSTED ON ALL
 BULLETIN BOARDS AND CIRCULATED TO UNIT EMPLOYEES, THEY ARE NOT MERELY
 THE EXPRESSION OF PERSONAL VIEWS BUT MAY REASONABLY BE INTERPRETED AS
 THE ACTIVITY'S OFFICIAL POSITION WITH REGARD TO THE MATTERS ADDRESSED IN
 SUCH STATEMENTS.  IN ADDITION, AS PREVIOUSLY STATED (SUPRA P. 6),
 SECTION 7116(E) AUTHORIZES STATEMENTS ENCOURAGING EMPLOYEES TO VOTE IN
 ELECTIONS, CORRECTING THE RECORD WHERE FALSE OR MISLEADING STATEMENTS
 ARE MADE, OR CONVEYING THE GOVERNMENT'S VIEWS ON LABOR-MANAGEMENT
 RELATIONS.  WHILE THE "TALLEY-HO. GRAM," IN PART, PUBLICIZED THE
 FORTHCOMING REPRESENTATION ELECTION AND ENCOURAGED EMPLOYEES TO VOTE IN
 SUCH ELECTION, AND TO THAT EXTENT FELL WITHIN THE PROTECTION OF SECTION
 7116(E), OTHER PORTIONS OF THE "TALLEY-HO. GRAM" SET FORTH ABOVE WENT
 BEYOND THE SCOPE OF PERMISSIBLE STATEMENTS THEREUNDER AND DID NOT
 ACQUIRE PROTECTED STATUS MERELY BECAUSE THEY WERE CONTAINED IN THE SAME
 DOCUMENT WHICH PROPERLY PUBLICIZED AND ENCOURAGED EMPLOYEES TO VOTE IN
 THE ELECTION.  MOREOVER, AS FOUND BY THE REGIONAL DIRECTOR, "THERE WAS
 NO EVIDENCE THAT THE PUBLICATION WAS INTENDED TO CORRECT THE RECORD WITH
 RESPECT TO ANY FALSE OR MISLEADING STATEMENT MADE BY ANY PARTY."
 FINALLY, SUCH STATEMENTS DID NOT "CONVEY THE GOVERNMENT'S VIEWS ON
 LABOR-MANAGEMENT RELATIONS." AS INDICATED ABOVE, THE GOVERNMENT'S VIEWS
 ARE THAT EMPLOYEES SHOULD BE FREE TO CHOOSE OR REJECT UNION
 REPRESENTATION WHILE MANAGEMENT MAINTAINS A POSTURE OF NEUTRALITY, AND,
 AS FURTHER STATED BY CONGRESS IN SECTION 7101 OF THE STATUTE, THAT
 "LABOR ORGANIZATIONS AND COLLECTIVE BARGAINING ARE IN THE PUBLIC
 INTEREST." /9/ TO THE EXTENT THAT THE "TALLEY-HO. GRAM" IMPLIED THAT
 UNION REPRESENTATION WAS UNNECESSARY AND UNDESIRABLE, THEREFORE, SUCH
 STATEMENTS WERE DIRECTLY CONTRARY TO THE GOVERNMENT'S VIEWS ON
 LABOR-MANAGEMENT RELATIONS.
 
    TURNING NEXT TO THE QUESTION RAISED IN CASE NO. 6-CA-233, THE
 AUTHORITY CONCLUDES THAT, IN THE CIRCUMSTANCES PRESENTED, THE SAME
 STATEMENTS WHICH CAUSED THE ELECTION TO BE SET ASIDE IN CASE NO. 6-RO-7
 ALSO CONSTITUTE A VIOLATION OF SECTION 7116(A)(1) OF THE STATUTE WHICH
 PROVIDES THAT "IT SHALL BE AN UNFAIR LABOR PRACTICE FOR AN AGENCY TO
 INTERFERE WITH, RESTRAIN, OR COERCE ANY EMPLOYEE IN THE EXERCISE BY THE
 EMPLOYEE OF ANY RIGHT UNDER THIS CHAPTER." CONSISTENT WITH THE FINDINGS
 AND PURPOSE OF CONGRESS AS SET FORTH IN SECTION 7101 (SUPRA N. 9),
 SECTION 7102 OF THE STATUTE (ENTITLED "EMPLOYEES' RIGHTS") PROVIDES IN
 PART THAT "(E)ACH EMPLOYEE SHALL HAVE THE RIGHT TO FORM, JOINT, OR
 ASSIST ANY LABOR ORGANIZATION, OR TO REFRAIN FROM ANY SUCH ACTIVITY,
 FREELY AND WITHOUT FEAR OF PENALTY OR REPRISAL, AND EACH EMPLOYEE SHALL
 BE PROTECTED IN THE EXERCISE OF SUCH RIGHT." UNDER EXECUTIVE ORDER
 11491, AS AMENDED, WHICH ESTABLISHED AND PROTECTED IDENTICAL EMPLOYEE
 RIGHTS, /10/ MANAGEMENT'S BREACH OF NEUTRALITY DURING AN ELECTION
 CAMPAIGN WAS FOUND TO CONSTITUTE UNLAWFUL INTERFERENCE WITH SUCH
 PROTECTED RIGHTS IN VIOLATION OF SECTION 19(A)(1) OF THE ORDER (SUPRA N.
 7).  /11/ CONSISTENT WITH THE STATED INTENT OF CONGRESS, THE AUTHORITY
 CONCLUDES THAT MANAGEMENT'S BREACH OF NEUTRALITY DURING AN ELECTION
 CAMPAIGN SIMILARLY INTERFERES WITH THE SAME PROTECTED RIGHTS OF
 EMPLOYEES UNDER THE STATUTE AND THEREFORE VIOLATES SECTION 7116(A)(1) OF
 THE STATUTE.
 
    IN THE INSTANT CASE, AS FOUND ABOVE WITH RESPECT TO CASE NO.  6-RO-7,
 THE ACTIVITY BREACHED ITS OBLIGATION TO REMAIN NEUTRAL DURING THE
 ELECTION CAMPAIGN BY POSTING ON ALL BULLETIN BOARDS AND DISTRIBUTING TO
 UNIT EMPLOYEES-- SHORTLY BEFORE THE SCHEDULED ELECTION-- A MESSAGE
 SIGNED BY THE HEAD OF THE ACTIVITY WHICH STRONGLY IMPLIED THAT UNIONS
 WERE UNNECESSARY, UNDESIRABLE, AND DIFFICULT TO REMOVE ONCE THE
 EMPLOYEES VOTED IN FAVOR OF EXCLUSIVE RECOGNITION.  SUCH VIOLATION OF
 NEUTRALITY INTERFERED WITH THE EMPLOYEES' PROTECTED RIGHT UNDER SECTION
 7102 OF THE STATUTE TO "FORM, JOIN, OR ASSIST ANY LABOR ORGANIZATION, OR
 TO REFRAIN FROM ANY SUCH ACTIVITY," AND THEREFORE VIOLATED SECTION
 7116(A)(1) OF THE STATUTE IN THE CIRCUMSTANCES OF THIS CASE.
 
    IN VIEW OF THE FOREGOING, THE RESPONDENT IN CASE NO. 6-CA-233 SHALL
 TAKE THE ACTION SET FORTH IN THE FOLLOWING ORDER;  AND THE ELECTION
 CONDUCTED ON JULY 12, 1979, IN CASE NO. 6-RO-7, IS HEREBY SET ASIDE AND
 A SECOND ELECTION SHALL BE CONDUCTED AS DIRECTED BELOW.
 
                                   ORDER
 
    PURSUANT TO SECTION 2423.29 OF THE FEDERAL LABOR RELATIONS
 AUTHORITY'S RULES AND REGULATIONS AND SECTION 7118 OF THE FEDERAL
 SERVICE LABOR-MANAGEMENT RELATIONS STATUTE, THE AUTHORITY HEREBY ORDERS
 THAT THE UNITED STATES DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR
 FORCE, AIR FORCE PLANT REPRESENTATIVE OFFICE, DETACHMENT 27 (AFPRO,
 GENERAL DYNAMICS), FORT WORTH, TEXAS, SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    A.  SUGGESTING TO EMPLOYEES THAT UNION REPRESENTATION IS UNNECESSARY
 AND UNDESIRABLE, AND IMPLYING THAT THE EMPLOYEES WILL BE BURDENED WITH A
 UNION REPRESENTATIVE FOR YEARS TO COME IF THEY WERE TO VOTE IN FAVOR OF
 EXCLUSIVE RECOGNITION IN A SECRET BALLOT ELECTION CONDUCTED BY THE
 FEDERAL LABOR RELATIONS AUTHORITY.
 
    B.  IN ANY LIKE OR RELATED MANNER INTERFERING WITH, RESTRAINING OR
 COERCING ITS EMPLOYEES IN THE EXERCISE OF RIGHTS ASSURED BY THE FEDERAL
 SERVICE LABOR-MANAGEMENT RELATIONS STATUTE.
 
    2.  TAKE THE FOLLOWING AFFIRMATIVE ACTION:
 
    A.  POST AT THE FACILITIES OF THE UNITED STATES DEPARTMENT OF
 DEFENSE, DEPARTMENT OF THE AIR FORCE, AIR FORCE PLANT REPRESENTATIVE
 OFFICE, DETACHMENT 27 (AFPRO, GENERAL DYNAMICS), FORT WORTH, TEXAS,
 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 COLONEL, USAF, COMMANDER, AIR FORCE PLANT
 REPRESENTATIVE OFFICE, DETACHMENT 27 (AFPRO, GENERAL DYNAMICS), FORT
 WORTH, TEXAS, AND SHALL BE POSTED AND MAINTAINED BY HIM FOR 60
 CONSECUTIVE DAYS THEREAFTER, IN CONSPICUOUS PLACES, INCLUDING BULLETIN
 BOARDS AND ALL OTHER PLACES WHERE NOTICES TO EMPLOYEES ARE CUSTOMARILY
 POSTED.  THE COLONEL SHALL TAKE REASONABLE STEPS TO INSURE THAT SUCH
 NOTICES ARE NOT ALTERED, DEFACED OR COVERED BY ANY OTHER MATERIAL.
 
    B.  NOTIFY THE REGIONAL DIRECTOR OF REGIONAL VI, FEDERAL LABOR
 RELATIONS AUTHORITY, P.O. BOX 2640, DALLAS, TEXAS 75221, IN WRITING,
 WITHIN 30 DAYS FROM THE DATE OF THIS ORDER, AS TO WHAT STEPS HAVE BEEN
 TAKEN TO COMPLY HEREWITH.
 
    IT IS FURTHER ORDERED THAT THE ELECTION HELD ON JULY 12, 1979, BE,
 AND IT HEREBY IS, SET ASIDE AND THAT A SECOND ELECTION BE CONDUCTED
 PURSUANT TO THE FOLLOWING:
 
                       DIRECTION OF SECOND ELECTION
 
    IS IS HEREBY DIRECTED THAT A SECOND ELECTION BE CONDUCTED, AS EARLY
 AS POSSIBLE, BUT NOT LATER THAN SIXTY (60) DAYS FROM THE DATE BELOW, IN
 THE UNIT SET FORTH IN THE AGREEMENT FOR CONSENT OR DIRECTED ELECTION
 APPROVED ON JUNE 20, 1979.  THE APPROPRIATE REGIONAL DIRECTOR SHALL
 CONDUCT THE ELECTION SUBJECT TO THE AUTHORITY'S RULES AND REGULATIONS.
 ELIGIBLE TO VOTE ARE THOSE IN THE UNIT WHO WERE EMPLOYED DURING THE
 PAYROLL PERIOD IMMEDIATELY PRECEDING THE DATE BELOW, INCLUDING EMPLOYEES
 WHO DID NOT WORK DURING THE PERIOD BECAUSE THEY WERE OUT ILL, OR ON
 VACATION OR ON FURLOUGH, INCLUDING THOSE IN THE MILITARY SERVICE WHO
 APPEAR IN PERSON AT THE POLLS.  INELIGIBLE TO VOTE ARE EMPLOYEES WHO
 QUIT OR WERE DISCHARGED FOR CAUSE SINCE THE DESIGNATED PAYROLL PERIOD
 AND WHO HAVE NOT BEEN REHIRED OR REINSTATED BEFORE THE ELECTION DATE.
 
    ISSUED, WASHINGTON, D.C., APRIL 17, 1981
 
                       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 SUGGEST TO OUR EMPLOYEES THAT UNION REPRESENTATION IS
 UNNECESSARY AND UNDESIRABLE, OR IMPLY THAT THEY WILL BE BURDENED WITH A
 UNION REPRESENTATIVE FOR YEARS TO COME IF THEY WERE TO VOTE IN FAVOR OF
 EXCLUSIVE RECOGNITION IN A SECRET BALLOT ELECTION CONDUCTED BY THE
 FEDERAL