Military Department, State of Oregon, Oregon Army and Air National Guard, Salem, Oregon (Respondent) and American Federation of Government Employees, Local 2986, AFL-CIO (Charging Party)



[ v08 p541 ]
08:0541(107)CA
The decision of the Authority follows:


 8 FLRA No. 107
 
 MILITARY DEPARTMENT
 STATE OF OREGON
 OREGON ARMY AND AIR NATIONAL GUARD
 SALEM, OREGON
 Respondent
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 2986, AFL-CIO
 Charging Party
 
                                            Case No. 9-CA-514
 
                            DECISION AND ORDER
 
    THIS MATTER IS BEFORE THE AUTHORITY PURSUANT TO THE REGIONAL
 DIRECTOR'S "ORDER TRANSFERRING CASE TO THE AUTHORITY" IN ACCORDANCE WITH
 SECTION 2429.1 OF THE AUTHORITY'S RULES AND REGULATIONS.
 
    UPON CONSIDERATION OF THE ENTIRE RECORD IN THIS CASE, INCLUDING THE
 PARTIES' STIPULATION OF FACTS, THE AUTHORITY FINDS:
 
    THE AMENDED COMPLAINT ALLEGES THAT THE RESPONDENT VIOLATED SECTION
 7116(A)(1)8 (5), (6) AND (8) OF THE STATUTE WHEN IT FAILED AND REFUSED
 TO COOPERATE WITH A DECISION OF THE FEDERAL SERVICE IMPASSES PANEL
 (FSIP) RELATING TO THE WORKING ATTIRE OF NATIONAL GUARD TECHNICIANS.
 
    ON AUGUST 28, 1978, FSIP ISSUED A DECISION AND ORDER /1/ ORDERING THE
 PARTIES TO ADOPT THE FOLLOWING LANGUAGE IN A MID-TERM AGREEMENT:
 
    1.  EMPLOYEES, WHILE PERFORMING THEIR DAY-TO-DAY TECHNICIAN DUTIES,
 SHALL HAVE THE OPTION
 
    OF WEARING EITHER (A) THE MILITARY UNIFORM OR (B) AN AGREED-UPON
 STANDARD CIVILIAN ATTIRE
 
    WITHOUT DISPLAY OF MILITARY RANK, SUCH CLOTHING TO BE PURCHASED BY
 EMPLOYEES WHO CHOOSE TO
 
    WEAR IT.
 
    2.  CIRCUMSTANCES AND OCCASIONS FOR WHICH THE WEARING OF THE MILITARY
 UNIFORM MAY BE
 
    REQUIRED SHALL BE AGREED UPON BY THE PARTIES AND INCORPORATED IN THIS
 AGREEMENT.
 
    PURSUANT TO FSIP'S DIRECTIONS, THE PARTIES RESUMED NEGOTIATIONS BUT
 LATER REQUESTED A CLARIFICATION OF THE ABOVE-REFERENCED DECISION AND
 ORDER.  A SUPPLEMENTARY DECISION AND ORDER /2/ WAS ISSUED ON APRIL 24,
 1979, IN WHICH FSIP ADDED THE FOLLOWING SENTENCE TO THE FIRST SECTION OF
 THE LANGUAGE MANDATED IN ITS EARLIER ORDER:
 
    THE TECHNICIAN SHALL HAVE THE OPTION OF WEARING EITHER THE MILITARY
 UNIFORM OR THE STANDARD
 
    CIVILIAN ATTIRE ON A DAY-TO-DAY BASIS.
 
    SHORTLY THEREAFTER, IN MAY 1979. THE PARTIES BEGAN NEGOTIATIONS OVER
 A NEW BASIC COLLECTIVE BARGAINING AGREEMENT INCLUDING PROVISIONS RELATED
 TO THE FSIP ORDERED LANGUAGE.  SUCH NEGOTIATIONS TERMINATED ON MAY 21,
 1980.  HOWEVER, BASED ON ITS CONTENTION THAT FSIP LACKS THE AUTHORITY TO
 ISSUE SUCH DECISIONS AND FOR REASONS MORE FULLY STATED IN ITS BRIEF, THE
 RESPONDENT HAS REFUSED TO INCORPORATE IN ANY AGREEMENT THE LANGUAGE SET
 FORTH BY FSIP OR THE RELATED PROVISIONS NEGOTIATED BY IT AND THE
 CHARGING PARTY.
 
    THE FACTS AND POSITIONS OF THE PARTIES IN THIS CASE ARE SUBSTANTIALLY
 IDENTICAL TO THOSE INVOLVED IN STATE OF NEVADA NATIONAL GUARD 7 FLRA NO.
 37(1981), APPEAL DOCKETED, NO. 82-7034(9TH CIR. JAN. 18, 1982).  /3/
 THUS, FOR THE REASONS MORE FULLY SET FORTH IN STATE OF NEVADA NATIONAL
 GUARD, THE AUTHORITY FINDS THAT THE RESPONDENT HEREIN HAS FAILED AND
 REFUSED TO COOPERATE IN IMPASSE DECISIONS AS SPECIFICALLY REQUIRED BY
 SECTION 7116(A)(6) OF THE STATUTE AND HAS THEREFORE VIOLATED THAT
 SECTION AS WELL AS SECTION 7116(A)(1) OF THE STATUTE.
 
    FURTHERMORE, RELYING ON THE RATIONALE CONTAINED IN LONG BEACH NAVAL
 SHIPYARD, LONG BEACH, CALIFORNIA, 7 FLRA NO. 16(1981) AND STATE OF NEW
 YORK, DIVISION OF MILITARY AND NAVAL AFFAIRS, 2 FLRA 185(1979), THE
 AUTHORITY FINDS THAT THE RESPONDENT VIOLATED SECTIONS 7116(A)(5) AND (8)
 OF THE STATUTE BY ITS REFUSAL, RESPECTIVELY, TO EXECUTE THE NEGOTIATED
 AGREEMENT REACHED WITH THE CHARGING PARTY AND ITS REFUSAL TO COMPLY WITH
 THE FSIP DECISION.
 
                                   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 RESPONDENT SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) FAILING OR REFUSING TO COOPERATE IN AND COMPLY WITH THE FEDERAL
 SERVICE IMPASSES PANEL'S DECISION AND ORDERS RENDERED IN OREGON ARMY/AIR
 NATIONAL GUARD, SALEM, OREGON, AND LOCAL 2986, AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, AFL-CIO, CASE NO. 77 FSIP 53(1978) AND OREGON
 ARMY/AIR NATIONAL GUARD, SALEM, OREGON, AND LOCAL 2986, AMERICAN
 FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, CASE NO. 79 FSIP 4(1979).
 
    (B) IN ANY LIKE OR RELATED MANNER INTERFERING WITH, RESTRAINING OR
 COERCING EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY THE
 FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE.
 
    2.  TAKE THE FOLLOWING AFFIRMATIVE ACTIONS IN ORDER TO EFFECTUATE THE
 PURPOSES AND POLICIES OF THE STATUTE:
 
    (A) ADOPT THE FOLLOWING LANGUAGE IN ITS COLLECTIVE BARGAINING
 AGREEMENT WITH THE CHARGING PARTY:
 
    EMPLOYEES, WHILE PERFORMING THEIR DAY-TO-DAY TECHNICIAN DUTIES, SHALL
 HAVE THE OPTION OF
 
    WEARING EITHER (A) THE MILITARY UNIFORM OR (B) AN AGREED-UPON
 STANDARD CIVILIAN ATTIRE WITHOUT
 
    DISPLAY OF MILITARY RANK, SUCH CLOTHING TO BE PURCHASED BY EMPLOYEES
 WHO CHOOSE TO WEAR
 
    IT.  THE TECHNICIAN SHALL HAVE THE OPTION OF WEARING EITHER THE
 MILITARY UNIFORM OR THE
 
    STANDARD CIVILIAN ATTIRE ON A DAY-TO-DAY BASIS.
 
    (B) ADOPT THE PROVISIONS PREVIOUSLY NEGOTIATED WITH THE CHARGING
 PARTY REGARDING THE CIRCUMSTANCES AND OCCASIONS FOR WHICH THE WEARING OF
 THE MILITARY UNIFORM MAY BE REQUIRED AND INCORPORATE SUCH AGREEMENT IN
 THE COLLECTIVE BARGAINING AGREEMENT WITH THE CHARGING PARTY.
 
    (C) POST AT ITS FACILITIES WHEREVER UNIT EMPLOYEES ARE LOCATED,
 COPIES OF THE ATTACHED NOTICE ON FORMS TO BE FURNISHED BY THE AUTHORITY.
  UPON RECEIPT OF SUCH FORMS, THEY SHALL BE SIGNED BY THE ADJUTANT
 GENERAL AND SHALL BE POSTED BY HIM FOR 60 CONSECUTIVE DAYS IN
 CONSPICUOUS PLACES, INCLUDING ALL BULLETIN BOARDS AND OTHER PLACES WHERE
 NOTICES TO EMPLOYEES ARE CUSTOMARILY POSTED.  THE ADJUTANT GENERAL SHALL
 TAKE REASONABLE STEPS TO INSURE THAT SUCH NOTICES ARE NOT ALTERED,
 DEFACED OR COVERED BY ANY OTHER MATERIAL.
 
    (D) PURSUANT TO SECTION 2423.30 OF THE AUTHORITY'S RULES AND
 REGULATIONS, NOTIFY THE REGIONAL DIRECTOR OF REGION IX, 530 BUSH STREET,
 SUITE 542, SAN FRANCISCO, CALIFORNIA, 94102, 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., MAY 13, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
                       HENRY B. FRAZIER III, MEMBER
                       LEON B. APPLEWHAITE, MEMBER
                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
        NOTICE OF 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 REFUSE TO COOPERATE IN AND COMPLY WITH THE FEDERAL
 SERVICE IMPASSES PANEL'S DECISIONS AND ORDERS RENDERED IN OREGON
 ARMY/AIR NATIONAL GUARD, SALEM, OREGON, AND LOCAL 2986, AMERICAN
 FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, CASE NO. 77 FSIP 53(1978)
 AND OREGON ARMY/AIR NATIONAL GUARD, SALEM, OREGON, AND LOCAL 2986,
 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, CASE NO. 79 FSIP
 4(1979), REGARDING THE ATTIRE TO BE WORN BY NATIONAL GUARD TECHNICIANS.
 
    WE WILL ADOPT THE FOLLOWING LANGUAGE IN OUR COLLECTIVE BARGAINING
 AGREEMENT WITH LOCAL 2986, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 AFL-CIO:
 
    EMPLOYEES, WHILE PERFORMING THEIR DAY-TO-DAY TECHNICIAN DUTIES, SHALL
 HAVE THE OPTION OF
 
    WEARING EITHER (A) THE MILITARY UNIFORM OR (B) AN AGREED-UPON
 STANDARD CIVILIAN ATTIRE WITHOUT
 
    DISPLAY OF MILITARY RANK, SUCH CLOTHING TO BE PURCHASED BY EMPLOYEES
 WHO CHOOSE TO WEAR
 
    IT.  THE TECHNICIAN SHALL HAVE THE OPTION OF WEARING EITHER THE
 MILITARY UNIFORM OR THE
 
    STANDARD CIVILIAN ATTIRE ON A DAY-TO-DAY BASIS.
 
    WE WILL ADOPT THE PROVISIONS PREVIOUSLY NEGOTIATED WITH LOCAL 2986,
 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, REGARDING THE
 CIRCUMSTANCES AND OCCASIONS FOR WHICH THE WEARING OF THE MILITARY
 UNIFORM MAY BE REQUIRED AND INCORPOR