General Services Administration (Respondent) and American Federation of Government Employees, AFL-CIO (Charging Party)

 



[ v06 p430 ]
06:0430(77)CA
The decision of the Authority follows:


 6 FLRA No. 77
 
 GENERAL SERVICES ADMINISTRATION
 Respondent
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO
 Charging Party
 
                                            Case No. 3-CA-762
 
                            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.
 
    UPON CONSIDERATION OF THE ENTIRE RECORD IN THIS CASE, INCLUDING THE
 PARTIES' STIPULATION OF FACTS, ACCOMPANYING EXHIBITS, AND BRIEFS
 SUBMITTED BY THE RESPONDENT GENERAL SERVICES ADMINISTRATION (GSA), THE
 CHARGING PARTY (AFGE), AND THE GENERAL COUNSEL, THE AUTHORITY FINDS:  AS
 A RESULT OF THE CONTEMPLATED ESTABLISHMENT OF A GOVERNMENT-WIDE PAID
 PARKING PROGRAM FOR ALL EMPLOYEES OF THE FEDERAL GOVERNMENT, GSA ISSUED
 THREE INTRA-AGENCY MEMORANDA.  THESE MEMORANDA FORM THE BASIS OF THE
 COMPLAINT IN THIS CASE WHICH ALLEGES THAT GSA VIOLATED SECTION
 7116(A)(1) AND (5) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
 STATUTE (THE STATUTE) /1/ BY INSTITUTING SUBSTANTIVE CHANGES IN
 CONDITIONS OF EMPLOYMENT WITHOUT FIRST NOTIFYING AFGE AND AFFORDING AFGE
 REASONABLE TIME TO PRESENT ITS VIEWS AND RECOMMENDATIONS PURSUANT TO ITS
 PREVIOUSLY GRANTED NATIONAL CONSULTATION RIGHTS, AS REQUIRED BY SECTION
 7113 OF THE STATUTE.  /2/ THUS THIS CASE INVOLVES ONLY THE APPLICATION
 OF SECTION 7113 OF THE STATUTE WHICH DEALS WITH NATIONAL CONSULTATION
 RIGHTS AND DOES NOT INVOLVE THE APPLICATION OF SECTION 7117(D) DEALING
 WITH CONSULTATION RIGHTS WITH RESPECT TO GOVERNMENT-WIDE RULES OR
 REGULATIONS.  /3/
 
    AS A PRELIMINARY MATTER, THE GENERAL COUNSEL HAS MOVED TO STRIKE
 PORTIONS OF GSA'S BRIEF ON THE GROUND THAT THE BRIEF CONTAINS FACTUAL
 MATERIAL NOT INCLUDED IN THE STIPULATION OF FACTS;  IN THE ALTERNATIVE,
 THE GENERAL COUNSEL REQUESTS AN OPPORTUNITY TO REBUT THOSE FACTS.  IN
 THIS REGARD, IN ANY MATTER SUBMITTED DIRECTLY TO AND ACCEPTED BY THE
 AUTHORITY FOR DECISION BASED UPON A STIPULATION OF FACTS, THE AUTHORITY
 WILL CONSIDER ONLY FACTS CONTAINED IN THE STIPULATION.  ACCORDINGLY, THE
 GENERAL COUNSEL'S MOTION IS DENIED.  /4/
 
    THE STIPULATED FACTS ARE AS FOLLOWS:  AT ALL TIMES MATERIAL HEREIN,
 AFGE HAS BEEN GRANTED NATIONAL CONSULTATION RIGHTS BY GSA UNDER SECTION
 7113(A) OF THE STATUTE.  ON AUGUST 13, 1979, THE OFFICE OF MANAGEMENT
 AND BUDGET (OMB) ISSUED CIRCULAR NO. A-118 WHICH ESTABLISHED A
 GOVERNMENT-WIDE PAID PARKING PROGRAM FOR FEDERAL EMPLOYEES AND DIRECTED
 GSA TO DEVELOP REGULATIONS FOR THIS PROGRAM.  ON SEPTEMBER 6, 1979, GSA
 ISSUED FPMR TEMPORARY REGULATION D-65 WHICH PRESCRIBED PROCEDURES FOR
 THE ASSIGNMENT OF PARKING SPACES AND THE ASSESSMENT OF FEES.  THIS
 TEMPORARY REGULATION WAS PUBLISHED IN THE FEDERAL REGISTER ON SEPTEMBER
 13.  ALSO ON SEPTEMBER 13, GSA SENT A MEMORANDUM WITH AN ATTACHED COPY
 OF THE TEMPORARY REGULATION TO THE FOLLOWING GSA OFFICIALS:  REGIONAL
 ADMINISTRATORS;  REGIONAL PUBLIC BUILDINGS COMMISSIONERS;  AND REGIONAL
 DIRECTORS, SPACE MANAGEMENT DIVISION.  ON OCTOBER 16, A MEMORANDUM WAS
 SENT BY GSA TO ITS REGIONAL ADMINISTRATORS CONCERNING THE FORMAT
 REQUIRED BY OMB TO BE USED IN REPORTING PAID PARKING BY EMPLOYEES.  ON
 OCTOBER 23, A MEMORANDUM WAS SENT BY GSA TO GSA OFFICIALS DIRECTING THE
 IMPLEMENTATION OF THE PARKING PROGRAM AS IT RELATED TO GSA EMPLOYEES.
 INCLUDED IN THIS MEMORANDUM WERE INSTRUCTIONS TO THE REGIONAL
 ADMINISTRATIVE SERVICES DIVISION TO DEVELOP AND MAINTAIN AN UP-TO-DATE
 CERTIFIED INVENTORY OF AVAILABLE GSA PARKING SPACES, AND DIRECTIONS TO
 THE APPROPRIATE DIVISION OF EACH GSA FACILITY TO COLLECT AND TRANSMIT
 THE PARKING FEES WITH A NOTATION SHOWING THE NUMBER OF SPACES FOR WHICH
 A FEE WAS COLLECTED AND THE TOTAL AMOUNT COLLECTED OR DELINQUENT.  THE
 OCTOBER 23 MEMORANDUM ALSO SET FORTH A PUNITIVE DELINQUENCY POLICY AND
 PROVIDED THAT PRORATED REFUNDS WOULD BE MADE IF AN EMPLOYEE'S SPACE WAS
 REASSIGNED FOR OFFICIAL USE.
 
    ON OR ABOUT OCTOBER 23, GSA GRANTED AFGE CONSULTATION RIGHTS WITH
 RESPECT TO GOVERNMENT-WIDE REGULATIONS.  ON OCTOBER 24, A MEETING WAS
 HELD BETWEEN AFGE AND GSA PURSUANT TO AFGE'S CONSULTATION RIGHTS WITH
 RESPECT TO GOVERNMENT-WIDE REGULATIONS.  AT THE CLOSE OF THAT MEETING,
 AFGE REQUESTED INFORMATION CONCERNING THE EXISTENCE OF INTERNAL AGENCY
 REGULATIONS SUPPLEMENTING OR IMPLEMENTING THE GOVERNMENT-WIDE PAID
 PARKING POLICY.  ALTHOUGH THE GSA OFFICIAL PRESENT AT THE MEETING STATED
 THAT HE HAD NO KNOWLEDGE OF SUCH REGULATIONS, HE OFFERED AT THAT TIME TO
 OBTAIN AND HAND OVER TO AFGE A COPY OF THE OCTOBER 23 MEMORANDUM;  WHEN
 AFGE STATED THAT IT COULD NOT WAIT, GSA AGREED TO MAIL A COPY TO AFGE.
 A COPY WAS MAILED ON OCTOBER 26 AND RECEIVED ON OCTOBER 30.  AT NO TIME
 DID GSA RECEIVE COMMENTS ON THAT MEMORANDUM FROM AFGE.  THE PAID PARKING
 PROGRAM WAS IMPLEMENTED ON NOVEMBER 1, 1979.
 
    AT THE OUTSET OF THE AUTHORITY'S DISCUSSION OF THE LEGAL QUESTIONS
 PRESENTED HEREIN, AS HAS BEEN PREVIOUSLY NOTED, THIS CASE INVOLVES A
 COMPLAINT WHICH ALLEGES THAT GSA VIOLATED SECTION 7116(A)(1) AND (5) OF
 THE STATUTE BY INSTITUTING SUBSTANTIVE CHANGES IN CONDITIONS OF
 EMPLOYMENT WITHOUT FIRST NOTIFYING AFGE AND AFFORDING AFGE REASONABLE
 TIME TO PRESENT ITS VIEWS AND RECOMMENDATIONS PURSUANT TO ITS PREVIOUSLY
 GRANTED NATIONAL CONSULTATION RIGHTS, AS REQUIRED BY SECTION 7113 OF THE
 STATUTE.  SECTION 7113(A)(1) PROVIDES THAT THERE IS NO EXCLUSIVE
 RECOGNITION ON AN AGENCY-WIDE BASIS, AN AGENCY MUST GRANT NATIONAL
 CONSULTATION RIGHTS TO A LABOR ORGANIZATION WHICH EXCLUSIVELY REPRESENTS
 "A SUBSTANTIAL NUMBER" OF THE AGENCY'S EMPLOYEES UNDER CRITERIA
 PRESCRIBED BY THE AUTHORITY.  AS HAS BEEN PREVIOUSLY NOTED, AT ALL TIMES
 MATERIAL GSA HAS GRANTED SUCH RIGHTS TO AFGE PURSUANT TO SECTION 7113(A)
 OF THE STATUTE.  ANY LABOR ORGANIZATION HAVING NATIONAL CONSULTATION
 RIGHTS IS ENTITLED TO RECEIVE ADVANCE NOTICE OF ANY SUBSTANTIVE CHANGES
 IN CONDITIONS OF EMPLOYMENT PROPOSED BY THE AGENCY AND TO BE GIVEN A
 REASONABLE PERIOD OF TIME TO PRESENT ITS VIEWS AND RECOMMENDATIONS
 REGARDING THE CHANGES.  IF SUCH VIEWS AND RECOMMENDATIONS ARE PRESENTED,
 THEY MUST BE CONSIDERED BY THE AGENCY BEFORE IT TAKES FINAL ACTION.
 
    WITH THIS IN MIND, THE THREE MEMORANDA WHICH FORM THE BASIS OF THE
 COMPLAINT MAY BE ANALYZED AS FOLLOWS:  THE MEMORANDUM THAT WAS SENT TO
 GSA OFFICIALS ON SEPTEMBER 13 AND TO AFGE ON SEPTEMBER 19 CONTAINED,
 WITHOUT CHANGE, A COPY OF THE TEMPORARY REGULATION WHICH WAS DEVELOPED
 PURSUANT TO THE OMB DIRECTIVE (CIRCULAR NO. A-118) AND PUBLISHED IN THE
 FEDERAL REGISTER.  SINCE GSA, THE RESPONDENT AGENCY HEREIN, NEITHER
 INITIATED NOR PROPOSED THE TEMPORARY REGULATION, IT HAD NO SECTION 7113
 OBLIGATION TO NOTIFY AFGE PURSUANT TO AFGE'S NATIONAL CONSULTATION
 RIGHTS.
 
    THE OCTOBER 16 MEMORANDUM SET FORTH A FORMAT, REQUIRED BY OMB, TO BE
 USED BY GSA MANAGEMENT IN REPORTING THE NUMBER OF PARKING SPACES
 AVAILABLE AT EACH FACILITY AND THEIR ANTICIPATED REVENUE.  IN OTHER
 WORDS, THIS MEMORANDUM CONCERNED ADMINISTRATIVE MANDATES OF OMB AND NOT
 PROPOSED SUBSTANTIVE CHANGES BY GSA IN CONDITIONS OF EMPLOYMENT.  THUS,
 AFGE'S NATIONAL CONSULTATION RIGHTS DO NOT APPLY WITH REGARD TO THE
 OCTOBER 16 MEMORANDUM.
 
    THE AGENCY-WIDE MEMORANDUM OF OCTOBER 23, ON THE OTHER HAND,
 CONTAINED FINAL INSTRUCTIONS BY GSA TO ITS ADMINISTRATORS REGARDING PAID
 PARKING BY GSA EMPLOYEES.  SPECIFICALLY, THIS MEMORANDUM SET FORTH
 GUIDELINES AND PROCEDURES RELATING TO PAID PARKING BY EMPLOYEES OF GSA
 INCLUDING PROVISIONS REGARDING THE MANNER IN WHICH FEES WOULD BE
 COLLECTED AS WELL AS CONCERNING REFUNDS AND DELINQUENCY WHICH HAD BEEN
 DERIVED FROM PRE-EXISTING GSA REGULATIONS.  CLEARLY, THEN, THIS
 MEMORANDUM DEALT WITH FINAL, DISCRETIONARY CHANGES BY GSA IN SUBSTANTIVE
 CONDITIONS OF EMPLOYMENT OF GSA EMPLOYEES.  SINCE AFGE HAD NATIONAL
 CONSULTATION RIGHTS, GSA WAS OBLIGATED TO COMPLY WITH THE PROVISIONS OF
 SECTION 7113(B)(1) PRIOR TO FINALIZING THOSE CHANGES.  THUS, GSA WAS
 REQUIRED TO NOTIFY AFGE AND PROVIDE AFGE WITH THE OPPORTUNITY TO PRESENT
 ITS VIEWS AND RECOMMENDATIONS PRIOR TO OCTOBER 23, WHEN "PROPOSED"
 CHANGES WERE TRANSLATED BY MEMORANDUM IN FINAL ACTION.  THIS IT DID NOT
 DO.  NEITHER GSA'S OCTOBER 24 OFFER TO HAND OVER TO AFGE A COPY OF THE
 OCTOBER 23 MEMORANDUM NOR GSA'S MAILING OF THAT MEMORANDUM TO AFGE ON
 OCTOBER 26 CAN LEAD TO A CONCLUSION THAT GSA COMPLIED WITH ITS STATUTORY
 OBLIGATION ALL THAT CAN BE CONCLUDED FROM THESE ACTS IS THAT GSA WAS
 BELATEDLY NOTIFYING AFGE OF A FAIT ACCOMPLI.  THEREFORE, IN THIS REGARD
 THE AUTHORITY CONCLUDES THAT GSA FAILED TO COMPLY WITH ITS OBLIGATION TO
 CONSULT UNDER SECTION 7113(B)(1) AND THUS THAT GSA VIOLATED SECTION
 7116(A)(1) AND (5) OF THE STATUTE.
 
    ACCORDINGLY, WE SHALL ORDER THAT GSA CEASE AND DESIST FROM FAILING TO
 INFORM AFGE OF PROPOSED SUBSTANTIVE CHANGES IN CONDITIONS OF EMPLOYMENT;
  FAILING TO PROVIDE AFGE WITH REASONABLE TIME TO PRESENT ITS VIEWS AND
 RECOMMENDATIONS CONCERNING SUCH PROPOSED CHANGES;  AND ENGAGING IN ANY
 LIKE OR RELATED CONDUCT.  WE SHALL FURTHER ORDER THAT GSA, IN ADDITION
 TO COMPLYING WITH THE USUAL POSTING AND NOTIFICATION REQUIREMENTS,
 PROVIDE AFGE REASONABLE TIME TO PRESENT ITS VIEWS AND RECOMMENDATIONS
 REGARDING PROCEDURES WITH RESPECT TO REFUND, DELINQUENCY AND OTHER
 POLICIES AFFECTING CONDITIONS OF EMPLOYMENT USED IN IMPLEMENTING THE
 PAID PARKING PROGRAM FOR GSA EMPLOYEES, AND THEREAFTER COMPLY WITH THE
 REQUIREMENTS OF SECTION 7113(B)(2) OF THE STATUTE.
 
    AFGE HAD REQUESTED AS A REMEDY THAT GSA WITHDRAW ALL REGULATIONS
 RELATING TO PAID PARKING FOR FEDERAL EMPLOYEES, ROLL BACK ALL ACTIONS
 PRIOR TO THE NOVEMBER 1, 1979 IMPLEMENTATION DATE, AND REFUND ALL MONIES
 COLLECTED.  AS PREVIOUSLY INDICATED, OF THE THREE MEMORANDA AT ISSUE IN
 THE INSTANT CASE, GSA WAS REQUIRED TO NOTIFY AFGE AND PROVIDE AFGE AN
 OPPORTUNITY TO PRESENT VIEWS AND RECOMMENDATIONS PRIOR TO FINAL ACTION
 ONLY WITH RESPECT TO THE AGENCY-WIDE MEMORANDUM OF OCTOBER 23.  IN THE
 PARTICULAR CIRCUMSTANCES OF THIS CASE, INCLUDING THE FACT THAT THE
 OCTOBER 23 MEMORANDUM OF GSA WAS DESIGNED TO CARRY OUT OMB CIRCULAR NO.
 A-118 AND FPMR TEMPORARY REGULATION D-65, AS WELL AS THE FACT THAT THERE
 WAS IN THIS CASE INVOLVING NATIONAL CONSULTATION RIGHTS, NO OBLIGATION
 TO NEGOTIATE AND IN VIEW OF THE PENDING LITIGATION BEFORE THE COURTS
 RELATING TO THE VALIDITY OF THE ENTIRE PAID PARKING PLAN, /5/ WE BELIEVE
 THAT A STATUS QUO ANTE REMEDY WOULD BE INAPPROPRIATE.
 
                                   ORDER
 
    PURSUANT TO SECTION 2423.29 OF THE RULES AND REGULATIONS OF THE
 FEDERAL LABOR RELATIONS AUTHORITY AND SECTION 7118 OF THE FEDERAL
 SERVICE LABOR-MANAGEMENT RELATIONS STATUTE, THE AUTHORITY HEREBY ORDERS
 THAT THE GENERAL SERVICES ADMINISTRATION SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) FAILING TO INFORM THE AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO (AFGE), PURSUANT TO AFGE'S NATIONAL CONSULTATION
 RIGHTS UNDER SECTION 7113 OF THE STATUTE, OF PROPOSED SUBSTANTIVE
 CHANGES IN CONDITIONS OF EMPLOYMENT AND FAILING TO PROVIDE AFGE WITH
 REASONABLE TIME TO PRESENT ITS VIEWS AND RECOMMENDATIONS REGARDING THE
 PROPOSED CHANGES.
 
    (B) IN ANY LIKE OR RELATED MANNER INTERFERING WITH, RESTRAINING, OR
 COERCING EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY THE
 STATUTE.
 
    2.  TAKE THE FOLLOWING AFFIRMATIVE ACTION IN ORDER TO EFFECTUATE THE
 PURPOSES AND POLICIES OF THE STATUTE:
 
    (A) PROVIDE THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO,
 PURSUANT TO ITS NATIONAL CONSULTATION RIGHTS UNDER SECTION 7113 OF THE
 STATUTE AND TO THE EXTENT CONSONANT WITH LAW AND REGULATIONS, REASONABLE
 TIME TO PRESENT ITS VIEWS AND RECOMMENDATIONS CONCERNING PROCEDURES
 PERTAINING TO REFUND AND DELINQUENCY AND OTHER POLICIES AFFECTING
 CONDITIONS OF EMPLOYMENT USED IN IMPLEMENTING THE PAID PARKING PROGRAM
 FOR EMPLOYEES OF THE GENERAL SERVICES ADMINISTRATION, AND THEREAFTER
 COMPLY WITH THE REQUIREMENTS OF SECTION 7113(B)(2) OF THE STATUTE.
 
    (B) POST AT EACH OF ITS REGIONAL OFFICES IN THE UNITED STATES COPIES
 OF THE ATTACHED NOTICE ON FORMS TO BE FURNISHED BY THE FEDERAL LABOR
 RELATIONS AUTHORITY.  UPON RECEIPT OF SUCH FORMS THEY SHALL BE SIGNED BY
 THE ADMINISTRATOR OF THE GENERAL SERVICES ADMINISTRATION AND SHALL BE
 POSTED AND MAINTAINED FOR 60 CONSECUTIVE DAYS THEREAFTER, IN CONSPICUOUS
 PLACES, INCLUDING BULLETIN BOARDS AND OTHER PLACES WHERE NOTICES TO
 EMPLOYEES ARE CUSTOMARILY POSTED.
 
    REASONABLE STEPS SHALL BE TAKEN BY THE GENERAL SERVICES
 ADMINISTRATION TO INSURE THAT SUCH NOTICES ARE NOT ALTERED, DEFACED, OR
 COVERED BY ANY OTHER MATERIAL.
 
    (C) PURSUANT TO SECTION 2423.30 OF THE AUTHORITY'S RULES AND
 REGULATIONS, NOTIFY THE REGIONAL DIRECTOR, REGION 3, FEDERAL LABOR
 RELATIONS AUTHORITY, IN WRITING, WITHIN 30 DAYS OF THE DATE OF THIS
 ORDER, AS TO WHAT STEPS HAVE BEEN TAKEN TO COMPLY WITH THIS ORDER.
 
    ISSUED, WASHINGTON, D.C., AUGUST 19, 1981
 
                       RONALD W. HAUGHTON, CHAIRMAN
                       HENRY B. FRAZIER III, MEMBER
                       LEON B. APPLEWHAITE, MEMBER
                       FEDERAL LABOR RELATIONS AUTHORITY
 
                          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 TO INFORM THE AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO (AFGE), PURSUANT TO AFGE'S NATIONAL CONSULTATION
 RIGHTS UNDER SECTION 7113 OF THE STATUTE, OF PROPOSED SUBSTANTIVE
 CHANGES IN CONDITIONS OF EMPLOYMENT OR FAIL TO PROVIDE AFGE WITH
 REASONABLE TIME TO PRESENT ITS VIEWS AND RECOMMENDATIONS REGARDING THE
 PROPOSED CHANGES.
 
    WE WILL NOT IN ANY LIKE OR RELATED MANNER INTERFERE WITH, RESTRAIN,
 OR COERCE EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY THE
 STATUTE.
 
    WE WILL PROVIDE THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 AFL-CIO, PURSUANT TO ITS NATIONAL CONSULTATION RIGHTS UNDER SECTION 7113
 OF THE STATUTE AND TO THE EXTENT CONSONANT WITH LAW AND REGULATIONS,
 REASONABLE TIME TO PRESENT ITS VIEWS AND RECOMMENDATIONS CONCERNING
 PROCEDURES PERTAINING TO REFUND AND DELINQUENCY AND OTHER POLICIES
 AFFECTING CONDITIONS OF EMPLOYMENT USED IN IMPLEMENTING THE PAID PARKING
 PROGRAM FOR OUR EMPLOYEES, AND WE WILL THEREAFTER COMPLY WITH THE
 REQUIREMENTS OF SECTION 7113(B)(2) OF THE STATUTE.
 
                           (AGENCY OR ACTIVITY)
 
    DATED:  BY:
 
    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 ANY EMPLOYEES HAVE ANY QUESTIONS CONCERNING THIS NOTICE OR
 COMPLIANCE WITH ANY OF ITS PROVISIONS, THEY MAY COMMUNICATE DIRECTLY
 WITH THE REGIONAL DIRECTOR, REGION 3, FEDERAL LABOR RELATIONS AUTHORITY,
 WHOSE ADDRESS IS:  1133 15TH ST., NW., SUITE 300, WASHINGTON, D.C.
 20005, AND WHOSE TELEPHONE NUMBER IS:  (202) 653-8452.
 
 
 
 
 
 --------------- FOOTNOTES: ---------------
 
 
    /1/ SECTION 7116(A)(1) AND (5) PROVIDES:
 
    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;
 
   .          .          .          .
 
 
    (5) TO REFUSE TO CONSULT OR NEGOTIATE IN GOOD FAITH WITH A LABOR
 ORGANIZATION AS REQUIRED
 
    BY THIS CHAPTER(.)
 
    /2/ SECTION 7113 PROVIDES IN PERTINENT PART:
 
    SEC. 7113.  NATIONAL CONSULTATION RIGHTS
 
    (A)(1) IF, IN CONNECTION WITH ANY AGENCY, NO LABOR ORGANIZATION HAS
 BEEN ACCORDED EXCLUSIVE
 
    RECOGNITION ON AN AGENCY BASIS, A LABOR ORGANIZATION WHICH IS THE
 EXCLUSIVE REPRESENTATIVE OF
 
    A SUBSTANTIAL NUMBER OF THE EMPLOYEES OF THE AGENCY, AS DETERMINED IN
 ACCORDANCE WITH CRITERIA
 
    PRESCRIBED BY THE AUTHORITY, SHALL BE GRANTED NATIONAL CONSULTATION
 RIGHTS BY THE
 
    AGENCY.  NATIONAL CONSULTATION RIGHTS SHALL TERMINATE WHEN THE LABOR
 ORGANIZATION NO LONGER
 
    MEETS THE CRITERIA PRESCRIBED BY THE AUTHORITY.  ANY ISSUE RELATING
 TO ANY LABOR
 
    ORGANIZATION'S ELIGIBILITY FOR, OR CONTINUATION OF, NATIONAL
 CONSULTATION RIGHTS SHALL BE
 
    SUBJECT TO DETERMINATION BY THE AUTHORITY.
 
    (B)(1) ANY LABOR ORGANIZATION HAVING NATIONAL CONSULTATION RIGHTS IN
 CONNECTION WITH ANY
 
    AGENCY UNDER SUBSECTION (A) OF THIS SECTION SHALL--
 
    (A) BE INFORMED OF ANY SUBSTANTIVE CHANGE IN CONDITIONS OF EMPLOYMENT
 PROPOSED BY THE
 
    AGENCY, AND
 
    (B) BE PERMITTED REASONABLE TIME TO PRESENT ITS VIEWS AND
 RECOMMENDATIONS REGARDING THE
 
    CHANGES.
 
    (2) IF ANY VIEWS OR RECOMMENDATIONS ARE PRESENTED UNDER PARAGRAPH (1)
 OF THIS SUBSECTION TO
 
    AN AGENCY BY ANY LABOR ORGANIZATION--
 
    (A) THE AGENCY SHALL CONSIDER THE VIEWS OR RECOMMENDATIONS BEFORE
 TAKING FINAL ACTION ON
 
    ANY MATTER WITH RESPECT TO WHICH THE VIEWS OR RECOMMENDATIONS ARE
 PRESENTED;  AND
 
    (B) THE AGENCY SHALL PROVIDE THE LABOR ORGANIZATION A WRITTEN
 STATEMENT OF THE REASONS FOR
 
    TAKING THE FINAL ACTION.
 
    /3/ SECTION 7117(D) PROVIDES:
 
    (D)(1) A LABOR ORGANIZATION WHICH IS THE EXCLUSIVE REPRESENTATIVE OF
 A SUBSTANTIAL NUMBER
 
    OF EMPLOYEES, DETERMINED IN ACCORDANCE WITH CRITERIA PRESCRIBED BY
 THE AUTHORITY, SHALL BE
 
    GRANTED CONSULTATION RIGHTS BY ANY AGENCY WITH RESPECT TO ANY
 GOVERNMENT-WIDE RULE OR
 
    REGULATION ISSUED BY THE AGENCY EFFECTING ANY SUBSTANTIVE CHANGE IN
 ANY CONDITION OF
 
    EMPLOYMENT.  SUCH CONSULTATION RIGHTS SHALL TERMINATE WHEN THE LABOR
 O