Tidewater Virginia Federal Employees Metal Trades Council/International Association of Machinists, Local No. 441 (Respondent) and Douglas Edward Burns (Charging Party) and Norfolk Naval Shipyard (Agency)

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[ v08 p217 ]
08:0217(47)CO
The decision of the Authority follows:


 8 FLRA No. 47
 
 TIDEWATER VIRGINIA FEDERAL EMPLOYEES
 METAL TRADES COUNCIL/INTERNATIONAL
 ASSOCIATION OF MACHINISTS, LOCAL NO. 441
 Respondent
 
 and
 
 DOUGLAS EDWARD BURNS
 Charging Party
 
 and
 
 NORFOLK NAVAL SHIPYARD
 Agency
 
                                            Case No. 3-CO-59
 
                            DECISION AND ORDER
 
    THE ADMINISTRATIVE LAW JUDGE ISSUED THE ATTACHED DECISION AND ORDER
 IN THE ABOVE-ENTITLED PROCEEDING FINDING THAT THE RESPONDENT HAD ENGAGED
 IN UNFAIR LABOR PRACTICES ALLEGED IN THE COMPLAINT, AND RECOMMENDING
 THAT IT CEASE AND DESIST THEREFROM AND TAKE CERTAIN AFFIRMATIVE ACTION.
 THEREAFTER, THE RESPONDENT FILED EXCEPTIONS AND AN ACCOMPANYING BRIEF TO
 THE JUDGE'S DECISION AND ORDER.
 
    PURSUANT TO SECTION 2423.29 OF THE AUTHORITY'S RULES AND REGULATIONS
 (5 CFR 2423.29) AND SECTION 7118 OF THE FEDERAL SERVICE LABOR-MANAGEMENT
 RELATIONS STATUTE (THE STATUTE), THE AUTHORITY HAS REVIEWED THE RULINGS
 OF THE JUDGE MADE AT THE HEARINGS AND FINDS THAT NO PREJUDICIAL ERROR
 WAS COMMITTED.  THE RULINGS ARE HEREBY AFFIRMED.  /1/ UPON CONSIDERATION
 OF THE JUDGE'S DECISION AND ORDER AND THE ENTIRE RECORD, IN THIS CASE,
 THE AUTHORITY HEREBY ADOPTS THE JUDGE'S FINDINGS, CONCLUSIONS AND
 RECOMMENDATIONS, AS MODIFIED BELOW.  /2/
 
                                   ORDER
 
    PURSUANT TO SECTION 2423.29 OF THE FEDERAL LABOR RELATIONS
 AUTHORITY'S RULES AND REGULATIONS AND SECTION 7118 OF THE STATUTE, THE
 AUTHORITY HEREBY ORDERS THAT THE TIDEWATER VIRGINIA FEDERAL EMPLOYEES
 METAL TRADES COUNCIL/INTERNATIONAL ASSOCIATION OF MACHINISTS, LOCAL NO.
 441, NORFOLK NAVAL SHIPYARD, NORFOLK, VIRGINIA SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) AFFORDING DIFFERING STANDARDS OF EMPLOYEE REPRESENTATION TO
 EMPLOYEES IN UNITS OF EXCLUSIVE RECOGNITION SOLELY ON THE BASIS OF
 WHETHER OR NOT SUCH EMPLOYEES ARE MEMBERS OF TIDEWATER VIRGINIA FEDERAL
 EMPLOYEES METAL TRADES COUNCIL/INTERNATIONAL ASSOCIATION OF MACHINISTS,
 LOCAL NO. 441.
 
    (B) IN ANY LIKE OR RELATED MANNER INTERFERING WITH, RESTRAINING, OR
 COERCING EMPLOYEES IN THE EXERCISE OF RIGHTS ASSURED BY THE FEDERAL
 SERVICE LABOR-MANAGEMENT RELATIONS STATUTE.
 
    2.  TAKE THE FOLLOWING AFFIRMATIVE ACTION IN ORDER TO CARRY OUT THE
 PURPOSES AND POLICIES OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
 STATUTE:
 
    (A) REPRESENT ALL BARGAINING UNIT EMPLOYEES ON AN EQUAL BASIS AND
 WITH THE SAME STANDARD OF REPRESENTATION WITHOUT REGARD TO MEMBERSHIP IN
 THE TIDEWATER, VIRGINIA FEDERAL EMPLOYEES METAL TRADES
 COUNCIL/INTERNATIONAL ASSOCIATION OF MACHINISTS, LOCAL NO. 441.
 
    (B) POST AT ITS BUSINESS OFFICES, AND IN NORMAL MEETING PLACES
 INCLUDING ALL PLACES WHERE NOTICES TO MEMBERS ARE CUSTOMARILY POSTED,
 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 RONALD E. AULT, CHAIRMAN, TIDEWATER, VIRGINIA FEDERAL
 EMPLOYEES METAL TRADES COUNCIL/INTERNATIONAL ASSOCIATION OF MACHINISTS
 AND AEROSPACE WORKERS, LOCAL NO. 441 AND THE PRESIDENT, TIDEWATER,
 VIRGINIA FEDERAL EMPLOYEES METAL TRADES COUNCIL/INTERNATIONAL
 ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, LOCAL NO. 441, AND
 SHALL BE POSTED AND MAINTAINED BY THEM FOR SIXTY CONSECUTIVE DAYS
 THEREAFTER IN CONSPICUOUS PLACES, INCLUDING BULLETIN BOARDS AND ALL
 OTHER PLACES WHERE NOTICES TO EMPLOYEES ARE CUSTOMARILY POSTED.  THE
 CHAIRMAN AND THE PRESIDENT SHALL TAKE REASONABLE STEPS TO INSURE THAT
 SUCH NOTICES ARE NOT ALTERED, DEFACED, OR COVERED BY ANY OTHER MATERIAL.
 
    (C) SUBMIT SIGNED COPIES OF SAID NOTICE TO THE COMMANDING OFFICER,
 NORFOLK NAVAL SHIPYARD, NORFOLK, VIRGINIA 23511.
 
    (D) 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.
 
    ISSUED, WASHINGTON, D.C., MARCH 19, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
                       HENRY B. FRAZIER III, MEMBER
                       LEON B. APPLEWHAITE, MEMBER
                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
        NOTICE TO ALL MEMBERS AND 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 MEMBERS AND ALL EMPLOYEES THAT:
 
    WE WILL NOT AFFORD DIFFERING STANDARDS OF EMPLOYEE REPRESENTATION TO
 EMPLOYEES IN EXCLUSIVELY RECOGNIZED UNITS, SOLELY ON THE BASIS OF
 WHETHER OR NOT EMPLOYEES ARE MEMBERS OF THE TIDEWATER VIRGINIA FEDERAL
 METAL TRADES COUNCIL/INTERNATIONAL ASSOCIATION OF MACHINISTS, LOCAL 441.
 
    WE WILL NOT, IN ANY LIKE OR RELATED MANNER, INTERFERE WITH, RESTRAIN,
 OR COERCE ANY EMPLOYEE IN THE EXERCISE OF THEIR RIGHTS ASSURED BY THE
 STATUTE.
 
    WE WILL REPRESENT ALL BARGAINING UNITS EMPLOYEES ON AN EQUAL BASIS
 AND WITH THE SAME STANDARD OF REPRESENTATION WITHOUT REGARD TO
 MEMBERSHIP IN THE TIDEWATER VIRGINIA FEDERAL EMPLOYEES METAL TRADES
 COUNCIL/INTERNATIONAL ASSOCIATION OF MACHINISTS, LOCAL NO. 441.
 
    DATED:  . . . . . . BY:  . . . . . . . .
 
                   CHAIRMAN, TIDEWATER VIRGINIA FEDERAL
 
               EMPLOYEES METAL TRADES COUNCIL/INTERNATIONAL
 
                         ASSOCIATION OF MACHINISTS
 
    DATED:  . . . . . . BY:  . . . . . . .
 
                   PRESIDENT, TIDEWATER VIRGINIA FEDERAL
 
               EMPLOYEES METAL TRADES COUNCIL/INTERNATIONAL
 
                     ASSOCIATION OF MACHINISTS, LOCAL
 
                                  NO. 441
 
    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 FOR THE FEDERAL LABOR RELATIONS AUTHORITY WHOSE
 ADDRESS IS:  1111 18TH S