09:0193(30)CA - Naval Space Surveillance Systems, Dahlgren, Virginia and AFGE Local 2096; Naval Surface Weapons Center, Dahlgren, Virginia and AFGE Local 2096 -- 1982 FLRAdec CA



[ v09 p193 ]
09:0193(30)CA
The decision of the Authority follows:


 9 FLRA No. 30
 
 U.S. NAVAL SPACE SURVEILLANCE
 SYSTEMS, DAHLGREN, VIRGINIA
 RespondenT
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 2096
 Charging Party
 
                                            Case No. 3-CA-1603
 
 U.S. NAVAL SURFACE WEAPONS CENTER,
 DAHLGREN, VIRGINIA
 Respondent
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 2096
 Charging Party
 
                                            Case No. 3-CA-1778
 
                            DECISION AND ORDER
 
    THESE CASES ARE BEFORE THE AUTHORITY PURSUANT TO THE REGIONAL
 DIRECTOR'S "ORDER TRANSFERRING CASE TO THE AUTHORITY" IN ACCORDANCE WITH
 SECTION 2429.1(A) OF THE AUTHORITY'S RULES AND REGULATIONS.
 
    UPON CONSIDERING OF THE ENTIRE RECORD IN THESE CASES, INCLUDING THE
 PARTIES' STIPULATION OF FACTS, THE AUTHORITY FINDS:
 
    THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2096
 (THE UNION) IS THE EXCLUSIVE REPRESENTATIVE OF THREE BARGAINING UNITS OF
 EMPLOYEES OF THE U.S.  NAVAL SURFACE WEAPONS CENTER, DAHLGREN, VIRGINIA
 (WEAPONS CENTER), AND IS ALSO THE EXCLUSIVE REPRESENTATIVE OF A
 BARGAINING UNIT OF EMPLOYEES AT THE U.S. NAVAL SPACE SURVEILLANCE
 SYSTEMS, DAHLGREN, VIRGINIA (USNSSS).  /1/
 
    EZRA GREEN, THE UNION'S EXECUTIVE VICE-PRESIDENT AND AN EMPLOYEE OF
 THE WEAPONS CENTER, WAS DESIGNATED BY THE UNION TO REPRESENT IT IN
 NEGOTIATIONS WITH USNSSS.  ON OR ABOUT OCTOBER 1, 1980, THE UNION,
 THROUGH GREEN, DELIVERED ITS GROUND RULES PROPOSALS TO USNSSS THROUGH
 THE LABOR AND EMPLOYEE RELATIONS DIVISION AT THE WEAPONS CENTER.  A
 MEETING WAS HELD ON OR ABOUT OCTOBER 14, 1980 BETWEEN USNSSS AND THE
 UNION FOR THE PURPOSE OF NEGOTIATING GROUND RULES FOR CONTRACT
 NEGOTIATIONS FOR THE UNIT AT USNSSS.  REPRESENTING USNSSS WAS ITS CHIEF
 NEGOTIATOR, EDWARD N. RESIO.  (RESIO ALSO IS HEAD OF THE WEAPONS
 CENTER'S LABOR AND EMPLOYEE RELATIONS DEPARTMENT AND ITS MANAGEMENT
 SPOKESMAN.) RESIO SUBMITTED USNSSS' GROUND RULES PROPOSALS TO THE UNION
 AT THE MEETING, AND THE PARTIES DISCUSSED THEIR RESPECTIVE PROPOSALS
 DEALING WITH AUTHORIZED OFFICIAL TIME FOR UNION NEGOTIATORS.  DURING THE
 MEETING, THE UNION REVISED ITS PROPOSAL TO READ AS FOLLOWS:
 
    (A) THE NEGOTIATING TEAM FOR EACH PARTY SHALL CONSIST OF NO MORE THAN
 FIVE (5) MEMBERS AND
 
    TWO (2) ALTERNATES.  ALL UNION NEGOTIATORS WHO ARE EMPLOYED IN THE
 AGENCY SHALL BE AUTHORIZED
 
    OFFICIAL TIME FOR NEGOTIATIONS AND MEDIATION AND IMPASSE PROCEDURES
 (EMPHASIS ADDED.)
 
    RESIO STATED THAT NAVY DEPARTMENT POLICY PROHIBITED THE GRANTING OF
 OFFICIAL TIME TO A UNION NEGOTIATOR TO NEGOTIATE A COLLECTIVE BARGAINING
 AGREEMENT OUTSIDE HIS OWN UNIT.  THE UNION REJECTED THAT POSITION.
 
    ON OR ABOUT OCTOBER 17, 1980, RESIO INFORMED GREEN THAT USNSSS
 REFUSED TO NEGOTIATE ABOUT THE UNION'S REVISED PROPOSALS.  SINCE ON OR
 ABOUT OCTOBER 14, 1980, GREEN HAS BEEN DENIED OFFICIAL TIME TO NEGOTIATE
 THE COLLECTIVE BARGAINING AGREEMENT WITH USNSSS ON THE GROUNDS THAT
 GREEN IS NOT WITHIN THE UNIT FOR WHICH THE CONTRACT IS BEING NEGOTIATED.
  THE COMPLAINT IN CASE NO. 3-CA-1778 /2/ ALLEGED THAT THE WEAPONS CENTER
 VIOLATED SECTION 7116(A)(1), (5) AND (8) OF THE STATUTE /3/ BY REFUSING
 TO GRANT OFFICIAL TIME TO GREEN, THEREBY FAILING AND REFUSING TO
 NEGOTIATE IN GOOD FAITH WITH THE UNION.
 
    THE RESPONDENT WEAPONS CENTER CONTENDS THAT SECTION 7131(A) OF THE
 STATUTE /4/ DOES NOT REQUIRE IT TO AUTHORIZE OFFICIAL TIME FOR ITS
 EMPLOYEES TO NEGOTIATE A COLLECTIVE BARGAINING AGREEMENT WITH ANOTHER
 EMPLOYER (USNSSS), WHILE THE GENERAL COUNSEL ASSERTS THAT SECTION
 7131(A) REQUIRES THE WEAPONS CENTER TO AUTHORIZE OFFICIAL TIME FOR THAT
 PURPOSE.
 
    THE AUTHORITY HAS HELD THAT THE OFFICIAL TIME ENTITLEMENT UNDER
 SECTION 7131(A) ACCRUES ONLY TO AN EMPLOYEE WHO IS WITHIN THE BARGAINING
 UNIT INVOLVED IN THE NEGOTIATIONS.  UNITED STATES AIR FORCE, 2750TH AIR
 BASE WING HEADQUARTERS, AIR FORCE LOGISTICS COMMAND, WRIGHT-PATTERSON
 AFB, OHIO, 7 FLRA NO. 118(1982);  U.S. DEPARTMENT OF THE ARMY, 94TH U.S.
 ARMY RESERVE COMMAND, HANSCOM AIR FORCE BASE, MASSACHUSETTS, 8 FLRA NO.
 13(1982).  THEREFORE, IN THE FOREGOING REGARD, THE AUTHORITY FINDS THAT
 THE RESPONDENT WEAPONS CENTER HAS NOT VIOLATED THE STATUTE.  HOWEVER,
 THE AUTHORITY FURTHER FINDS THAT THE RESPONDENT WEAPONS CENTER VIOLATED
 THE STATUTE WHEN ITS AGENT, RESIO, /5/ REFUSED TO BARGAIN IN GOOD FAITH
 WITH THE UNION UNDER SECTION 7131(D) OF THE STATUTE /6/ OVER A PROPOSAL
 WHICH WOULD GRANT SUCH OFFICIAL TIME TO UNION REPRESENTATIVE GREEN.  SEE
 DEPARTMENT OF DEFENSE, DEPARTMENT OF THE NAVY, POLARIS MISSILE FACILITY
 ATLANTIC, CHARLESTON, SOUTH CAROLINA, 6 FLRA NO. 67(1981).  SEE ALSO
 INTERPRETATION AND GUIDANCE, 7 FLRA NO.  105(1982).
 
                                   ORDER
 
    PURSUANT TO SECTION 2423.29 OF THE FEDERAL LABOR RELATIONS
 AUTHORITY'S RULES AND REGULATIONS AND SECTION 7118 OF THE STATUTE, IT IS
 HEREBY ORDERED THAT THE U.S. NAVAL SURFACE WEAPONS CENTER, DAHLGREN,
 VIRGINIA, SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) FAILING AND REFUSING TO NEGOTIATE IN GOOD FAITH WITH THE AMERICAN
 FEDERATION OF
 
    GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2096,.THE EXCLUSIVE
 REPRESENTATIVE OF ITS EMPLOYEES, OVER
 
    THE GRANTING OF OFFICIAL TIME FOR EZRA GREEN OR ANY OTHER EMPLOYEE
 SERVING AS A REPRESENTATIVE
 
    OF SUCH EXCLUSIVE REPRESENTATIVE IN COLLECTIVE BARGAINING
 NEGOTIATIONS INVOLVING A BARGAINING
 
    UNIT OTHER THAN THE ONE IN WHICH THE EMPLOYEE IS INCLUDED.
 
    (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 ACTION IN ORDER TO EFFECTUATE THE
 PURPOSES AND POLICIES OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
 STATUTE:
 
    (A) UPON REQUEST, MEET AND NEGOTIATE IN GOOD FAITH WITH THE AMERICAN
 FEDERATION OF
 
    GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2096, THE EXCLUSIVE
 REPRESENTATIVE OF ITS EMPLOYEES, OVER
 
    THE GRANTING OF OFFICIAL TIME FOR EZRA GREEN OR ANY OTHER EMPLOYEE
 SERVING AS A REPRESENTATIVE
 
    OF SUCH EXCLUSIVE REPRESENTATIVE IN COLLECTIVE BARGAINING
 NEGOTIATIONS INVOLVING A BARGAINING
 
    UNIT OTHER THAN THE ONE IN WHICH THE EMPLOYEE IS INCLUDED.
 
    (B) POST AT ITS FACILITIES AT THE U.S. NAVAL SURFACE WEAPONS CENTER,
 DAHLGREN, VIRGINIA,
 
    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
 COMMANDER OF THE
 
    U.S. NAVAL SURFACE WEAPONS CENTER, DAHLGREN, VIRGINIA, AND SHALL BE
 POSTED AND MAINTAINED BY
 
    HIM FOR 60 CONSECUTIVE DAYS THEREAFTER, IN CONSPICUOUS PLACES,
 INCLUDING ALL BULLETIN BOARDS
 
    AND OTHER PLACES WHERE NOTICES TO EMPLOYEES ARE CUSTOMARILY POSTED.
 THE COMMANDER SHALL TAKE
 
    REASONABLE STEPS 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 III, 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.
 
    IT IS FURTHER ORDERED THAT THE COMPLAINT IN CASE NO. 3-CA-1603 BE,
 AND IT HEREBY IS, DISMISSED.
 
    ISSUED, WASHINGTON, D.C., JUNE 23, 1982
 
                       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 OR REFUSE TO NEGOTIATE IN GOOD FAITH WITH THE
 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2096, THE
 EXCLUSIVE REPRESENTATIVE OF OUR EMPLOYEES, OVER THE GRANTING OF OFFICIAL
 TIME FOR EZRA GREEN OR ANY OTHER EMPLOYEE SERVING AS A REPRESENTATIVE OF
 SUCH EXCLUSIVE REPRESENTATIVE IN COLLECTIVE BARGAINING NEGOTIATIONS
 INVOLVING A BARGAINING UNIT OTHER THAN THE ONE IN WHICH THE EMPLOYEE IS
 INCLUDED.
 
    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, UPON REQUEST, MEET AND NEGOTIATE IN GOOD FAITH WITH THE
 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2096, THE
 EXCLUSIVE REPRESENTATIVE OF OUR EMPLOYEES, OVER THE GRANTING OF OFFICIAL
 TIME FOR EZRA GREEN OR ANY OTHER EMPLOYEE SERVING AS A REPRESENTATIVE OF
 SUCH EXCLUSIVE REPRESENTATIVE IN COLLECTIVE BARGAINING NEGOTIATIONS
 INVOLVING A BARGAINING UNIT OTHER THAN THE ONE IN WHICH THE EMPLOYEE IS
 INCLUDED.
 
                           (AGENCY OR ACTIVITY)
 
    DATED:  BY:  (SIGNATURE)
 
    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, REGION III, FEDERAL LABOR RELATIONS AUTHORITY, WHOSE
 ADDRESS IS:  1111 18TH STREET, NW., WASHINGTON, D.C.  20036 AND WHOSE
 TELEPHONE NUMBER IS:  (202) 653-8452.
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ USNSSS AND THE WEAPONS CENTER ARE SEPARATE ACTIVITIES WITHIN THE
 DEPARTMENT OF THE NAVY WHICH REPORT THROUGH SEPARATE CHAINS OF COMMAND
 TO THE CHIEF OF NAVAL OPERATIONS.  BOTH ACTIVITIES ARE SUBORDINATE
 ELEMENTS OF THE DEPARTMENT OF NAVY.  USNSSS IS A TENANT ACTIVITY OF, AND
 RECEIVES PERSONNEL AND OTHER SUPPORT SERVICES FROM, THE WEAPONS CENTER
 AS SET FORTH IN A SUPPORT AGREEMENT.
 
    /2/ IDENTICAL COMPLAINTS WERE ISSUED AGAINST USNSSS AND THE WEAPONS
 CENTER.  AS USNSSS IS NOT THE EMPLOYER OF EZRA GREEN, THE EMPLOYEE FOR
 WHOM OFFICIAL TIME IS SOUGHT, IT CANNOT BE REQUIRED TO GRANT OFFICIAL
 TIME TO HIM UNDER THE STATUTE OR THROUGH NEGOTIATIONS.  THEREFORE, THE
 COMPLAINT AGAINST USNSSS IN CASE NO. 3-CA-1603 MUST BE DISMISSED.
 
    /3/ 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;
 
   .          .          .          .
 
 
    (8) TO OTHERWISE FAIL OR REFUSE TO COMPLY WITH ANY PROVISION OF THIS
 CHAPTER.
 
    /4/ SEC. 7131.  OFFICIAL TIME
 
    (A) ANY EMPLOYEE REPRESENTING AN EXCLUSIVE REPRESENTATIVE IN THE
 NEGOTIATION OF A
 
    COLLECTIVE BARGAINING AGREEMENT UNDER THIS CHAPTER SHALL BE
 AUTHORIZED OFFICIAL TIME FOR SUCH
 
    PURPOSES, INCLUDING ATTENDANCE AT IMPASSE PROCEEDING, DURING THE TIME
 THE EMPLOYEE OTHERWISE
 
    WOULD BE IN A DUTY STATUS.  THE NUMBER OF EMPLOYEES FOR WHOM OFFICIAL
 TIME IS AUTHORIZED UNDER
 
    THIS SUBSECTION SHALL NOT EXCEED THE NUMBER OF INDIVIDUALS DESIGNATED
 AS REPRESENTING THE
 
    AGENCY FOR SUCH PURPOSES.
 
    /5/ AS NOTED ABOVE, RESIO IS NOT ONLY THE CHIEF NEGOTIATOR FOR USNSSS
 BUT THE MANAGEMENT SPOKESMAN FOR THE WEAPONS CENTER.  THUS, WHEN HE
 REFUSED TO BARGAIN WITH THE UNION OVER THE GROUND RULE PROPOSAL GRANTING
 SUCH OFFICIAL TIME, CITING NAVY POLICY, HE WAS STATING THE POSITION OF
 BOTH RESPONDENTS.
 
    /6/ SECTION 7131(D) PROVIDES:
 
    (D) EXCEPT AS PROVIDED IN THE PRECEDING SUBSECTIONS OF THIS SECTION--
 
    (1) ANY EMPLOYEE REPRESENTING AN EXCLUSIVE REPRESENTATIVE, OR
 
    (2) IN CONNECTION