Naval Support Activity, Mare Island Naval Shipyard, Vallejo, California (Respondent) and International Association Of Fire Fighters, Local F-48, International Association of Firefighters, AFL-CIO-CLC (Charging Party) 

 



[ v06 p205 ]
06:0205(34)CA
The decision of the Authority follows:


 6 FLRA No. 34
 
 NAVAL SUPPORT ACTIVITY,
 MARE ISLAND NAVAL SHIPYARD,
 VALLEJO, CALIFORNIA
 Respondent
 
 and
 
 LOCAL F-48, INTERNATIONAL ASSOCIATION
 OF FIREFIGHTERS, AFL-CIO-CLC
 Charging Party
 
                                            Case No. 9-CA-123
 
                           ORDER REMANDING CASE
 
    THIS MATTER IS BEFORE THE AUTHORITY PURSUANT TO REGIONAL DIRECTOR
 ROBERT G. MAYBERRY'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)).  THE RECORD
 CONSISTS OF THE PARTIES' STIPULATION OF FACTS AND EXHIBITS.
 
    THE COMPLAINT ALLEGES THAT ON JANUARY 27, 1979, AND CONTINUING TO
 DATE, THE RESPONDENT HAS VIOLATED SECTION 7116(A)(1) AND (8) OF THE
 FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE).  /1/
 MORE SPECIFICALLY, THE COMPLAINT ALLEGES THAT COMMENCING ON JANUARY 27,
 1979, THE RESPONDENT STOPPED UNION DUES ALLOTMENTS FOR BARGAINING UNIT
 EMPLOYEES PAUL J. COMEAUX, ITALO A. GONDOLA AND WALTER L. BECK, AND
 THAT, ON JANUARY 27, FEBRUARY 24, AND MARCH 10, 1979, RESPECTIVELY, THE
 RESPONDENT OFFSET OR WITHHELD FROM ALLOTMENT PAYMENTS DUE THE CHARGING
 PARTY, THE AMOUNT OF UNION DUES DEDUCTED FROM THE NAMED EMPLOYEES' PAY
 INASMUCH AS THEY HAD BEEN PROMOTED TO GS-6 FIRE CAPTAIN, A POSITION
 RESPONDENT CLAIMS IS SUPERVISORY.  COMEAUX WAS PROMOTED ON SEPTEMBER 25,
 1977, GONDOLA ON FEBRUARY 12, 1978, AND BECK ON JUNE 18, 1978.  IN
 ADDITION TO NO LONGER WITHHOLDING ALLOTMENTS, RESPONDENT REFUNDED TO THE
 NAMED EMPLOYEES ALL UNION DUES MONIES DEDUCTED FROM THEIR PAY SUBSEQUENT
 TO THE DATE OF THEIR RESPECTIVE PROMOTIONS.  THE CHARGING PARTY
 CONTENDS, INTER ALIA, THAT BY THESE ACTS THE RESPONDENT FAILED TO COMPLY
 WITH SECTION 7115 OF THE STATUTE.  /2/
 
    AT THE OUTSET, THE AUTHORITY NOTES THAT THE NAMED EMPLOYEES WERE
 PROMOTED AT THE TIME EXECUTIVE ORDER 11491, AS AMENDED, WAS IN EFFECT;
 THAT THE RESPONDENT'S STOPPAGE OF DUES ALLOTMENTS FOR THE THREE
 EMPLOYEES OCCURRED AFTER JANUARY 11, 1979, THE EFFECTIVE DATE OF THE
 STATUTE;  AND THAT RESPONDENT'S REFUND OF UNION DUES MONIES ENCOMPASSES
 PERIODS OF TIME DURING WHICH THE EXECUTIVE ORDER AND THEN THE STATUTE
 WERE IN EFFECT.
 
    FURTHER, THE DEFINITION OF "SUPERVISOR" AS IT EXISTED UNDER THE
 EXECUTIVE ORDER /3/ WAS CHANGED BY THE STATUTE.  /4/
 
    THE ISSUES FRAMED BY THE COMPLAINT IN THIS CASE MAKE IT CLEAR THAT
 THE AUTHORITY, IN REACHING A DECISION AND ORDER, MUST MAKE FINDINGS
 REGARDING THE SUPERVISORY STATUS OF THE NAMED EMPLOYEES UNDER BOTH THE
 EXECUTIVE ORDER AND THE STATUTE.  HOWEVER, THE PARTIES' STIPULATION OF
 FACTS AND EXHIBITS FORWARDED TO THE AUTHORITY DEAL ONLY WITH PERIODS OF
 TIME DURING WHICH THE STATUTE WAS IN EFFECT;  THUS, THERE ARE NO FACTS
 PRESENTED WHICH WOULD ENABLE THE AUTHORITY TO MAKE A DETERMINATION OF
 SUPERVISORY STATUS UNDER THE EXECUTIVE ORDER.
 
    ACCORDINGLY, THIS CASE IS REMANDED TO THE REGIONAL DIRECTOR TO SEEK
 TO EXPAND UPON THE PARTIES' STIPULATION OF FACTS AND EXHIBITS SO AS TO
 ENABLE THE AUTHORITY TO ADEQUATELY DEAL WITH THE ISSUES PRESENTED OR, IF
 UNABLE TO OBTAIN A COMPLETE STIPULATION, TO ISSUE A NOTICE OF HEARING IN
 THIS MATTER.
 
    ISSUED, WASHINGTON, D.C., JUNE 25, 1981
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 --------------- FOOTNOTES: ---------------
 
 
    /1/ SECTION 7116(A)(1) AND (8) PROVIDES AS FOLLOWS:
 
    SEC. 7116.  UNFAIR LABOR PRACTICES
 
    (A) FOR THE PURPOSE OF THIS CHAPTER, IT SHALL BE AN UNFAIR LABOR
 PRACTICE FOR AN AGENCY--
 
    (1) TO INTERFERE WITH, RESTRAIN, OR COERCE ANY EMPLOYEE IN THE
 EXERCISE BY THE EMPLOYEE OF
 
    ANY RIGHT UNDER THIS CHAPTER;
 
   .          .          .          .
 
 
    (8) TO OTHERWISE FAIL OR REFUSE T