Department of Health and Human Services, Social Security Administration (Respondent) and American Federation of Government Employees, Local 1346, AFL-CIO (Charging Party)
[ v06 p202 ]
06:0202(33)CA
The decision of the Authority follows:
6 FLRA No. 33
DEPARTMENT OF HEALTH AND HUMAN
SERVICES, /1/ SOCIAL SECURITY
ADMINISTRATION
Respondent
and
LOCAL 1346, AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, AFL-CIO
Charging Party
Case No. 5-CA-330
DECISION AND ORDER
THIS MATTER IS BEFORE THE AUTHORITY PURSUANT TO THE REGIONAL
DIRECTOR'S "ORDER TRANSFERRING CASE TO THE FEDERAL LABOR RELATIONS
AUTHORITY" IN ACCORDANCE WITH SECTION 2429.1(A) OF THE AUTHORITY'S RULES
AND REGULATIONS (5 CFR 2429.1(A)).
UPON CONSIDERATION OF THE ENTIRE RECORD IN THIS CASE, INCLUDING THE
PARTIES' STIPULATION OF FACTS; ACCOMPANYING EXHIBITS; AND BRIEFS
SUBMITTED BY THE RESPONDENT, THE CHARGING PARTY AND THE GENERAL COUNSEL,
THE AUTHORITY FINDS:
ON JULY 21, 1978, THE CHARGING PARTY AND THE RESPONDENT'S MILWAUKEE
NORTH DISTRICT OFFICE (THE ACTIVITY) ENTERED INTO A COLLECTIVE
BARGAINING AGREEMENT OF 3 YEARS' DURATION WHICH CONTAINED A PROVISION
ALLOWING EITHER PARTY TO REOPEN THE AGREEMENT DURING THE 60-90 DAY
PERIOD PRIOR TO THE 18 MONTH MID-POINT THEREOF FOR THE PURPOSE OF
RENEGOTIATING UP TO ONE-THIRD OF THE ARTICLES IN THAT AGREEMENT. ON
AUGUST 30, 1979, THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
AFL-CIO (AFGE) WAS CERTIFIED AS THE EXCLUSIVE REPRESENTATIVE FOR A
CONSOLIDATED NATIONWIDE UNIT CONSISTING OF 211 PREVIOUSLY SEPARATE UNITS
WITHIN THE SOCIAL SECURITY ADMINISTRATION, INCLUDING THE BARGAINING UNIT
(REPRESENTED BY THE CHARGING PARTY) AT THE ACTIVITY COVERED BY THE
AGREEMENT REFERRED TO ABOVE. THEREAFTER, WHILE NEGOTIATIONS AT THE
NATIONAL LEVEL WERE IN PROGRESS, THE CHARGING PARTY REQUESTED BARGAINING
WITH THE ACTIVITY PURSUANT TO THE TERMS OF THE REOPENER CONTAINED IN THE
LOCAL AGREEMENT. THE ACTIVITY REFUSED, CITING THE NATIONWIDE
CONSOLIDATION. SUBSEQUENT REQU