09:0229(33)CA - SSA, Mid-America Service Center, Kansas City, MO and AFGE Local 1336 -- 1982 FLRAdec CA



[ v09 p229 ]
09:0229(33)CA
The decision of the Authority follows:


 9 FLRA No. 33
 
 SOCIAL SECURITY ADMINISTRATION
 MID-AMERICA SERVICE CENTER
 KANSAS CITY, MISSOURI
 Respondent
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 1336, AFL-CIO
 Charging Party
 
                                            Case No. 7-CA-29
 
                           DECISION AND ORDER
 
    THE ADMINISTRATIVE LAW JUDGE ISSUED THE ATTACHED DECISION IN THE
 ABOVE-ENTITLED PROCEEDING, FINDING THAT THE RESPONDENT HAD ENGAGED IN
 CERTAIN UNFAIR LABOR PRACTICES ALLEGED IN THE COMPLAINT, AND
 RECOMMENDING THAT IT CEASE AND DESIST THEREFROM AND TAKE CERTAIN
 AFFIRMATIVE ACTION.  THE JUDGE FURTHER FOUND THAT THE RESPONDENT HAD NOT
 ENGAGED IN OTHER ALLEGED UNFAIR LABOR PRACTICES AND RECOMMENDED
 DISMISSAL OF THE COMPLAINT WITH RESPECT TO THEM.  NO EXCEPTIONS WERE
 FILED.
 
    PURSUANT TO SECTION 2423.29 OF THE AUTHORITY'S RULES AND REGULATIONS
 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 HEARING AND FINDS THAT NO PREJUDICIAL ERROR WAS
 COMMITTED.  THE RULINGS ARE HEREBY AFFIRMED.  UPON CONSIDERATION OF THE
 JUDGE'S DECISION AND THE ENTIRE RECORD, THE AUTHORITY HEREBY ADOPTS THE
 JUDGE'S FINDINGS, CONCLUSIONS AND RECOMMENDATIONS.
 
                                 ORDER /1/
 
    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 SOCIAL SECURITY ADMINISTRATION, MID-AMERICA
 SERVICE CENTER, KANSAS CITY, MISSOURI, SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) UNILATERALLY ALTERING OR CHANGING ESTABLISHED PAST PRACTICES AS
 THEY EXISTED PRIOR TO
 
    MARCH 12, 1979 WITH RESPECT TO RETIREMENT RECEPTIONS, INTER-MODULE
 COLLECTION OF DONATIONS,
 
    EMPLOYEE ACTIVITIES DURING BREAKS, THE DISPLAY OF FOOD AND
 REFRESHMENTS AT BREAKS AND AT OTHER
 
    THAN LUNCHEON PERIODS, CATERING OF LUNCHEONS DURING THE AUTHORIZED
 LUNCHEON PERIOD, THE
 
    ORDERING OUT AND DELIVERY OF FOOD FOR LUNCH, OR ANY OTHER CONDITION
 OF EMPLOYMENT, WITHOUT
 
    FIRST NOTIFYING LOCAL 1336, AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, AS THE
 
    AUTHORIZED REPRESENTATIVE OF THE NATIONAL OFFICE, AMERICAN FEDERATION
 OF GOVERNMENT EMPLOYEES,
 
    AFL-CIO (NATIONAL COUNCIL OF SOCIAL SECURITY PAYMENT CENTER LOCALS),
 THE EXCLUSIVE BARGAINING
 
    REPRESENTATIVE OF RESPONDENT'S EMPLOYEES, AND, UPON REQUEST,
 BARGAINING IN GOOD FAITH TO THE
 
    FULL EXTENT CONSONANT WITH LAW.
 
    (B) IN ANY LIKE OR RELATED MANNER INTERFERING WITH, RESTRAINING, OR
 COERCING ITS 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) RESCIND AND REVOKE MAMPSC GUIDE 7-1, "SOCIAL ACTIVITIES AT THE
 WORKSITE," TO THE EXTENT
 
    SUCH GUIDE CHANGED ESTABLISHED PAST RETIREMENT RECEPTIONS,
 INTER-MODULE COLLECTION OF
 
    DONATIONS, EMPLOYEE ACTIVITIES DURING BREAKS, THE DISPLAY OF FOOD AND
 REFRESHMENTS AT BREAKS
 
    AND AT OTHER THAN LUNCHEON PERIODS, CATERING OF LUNCHEONS DURING THE
 AUTHORIZED LUNCHEON
 
    PERIOD, AND ORDERING OUT AND DELIVERY OF FOOD FOR LUNCH.
 
    (B) NOTIFY LOCAL 1336, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 AFL-CIO, AS THE
 
    AUTHORIZED REPRESENTATIVE OF THE NATIONAL OFFICE, AMERICAN FEDERATION
 OF GOVERNMENT EMPLOYEES,
 
    AFL-CIO (NATIONAL COUNCIL OF SOCIAL SECURITY ADMINISTRATION PAYMENT
 CENTER LOCALS), THE
 
    EXCLUSIVE BARGAINING REPRESENTATIVE OF RESPONDENT'S EMPLOYEES, OF ANY
 PROPOSED CHANGE IN
 
    ESTABLISHED PAST PRACTICES WITH RESPECT TO RETIREMENT RECEPTIONS,
 INTER-MODULE COLLECTION OF
 
    DONATIONS, EMPLOYEE ACTIVITIES DURING BREAKS, THE DISPLAY OF FOOD AND
 REFRESHMENTS AT BREAKS
 
    AND AT OTHER THAN LUNCHEON PERIODS, CATERING OF LUNCHEONS DURING THE
 AUTHORIZED LUNCHEON
 
    PERIOD, THE ORDERING OUT AND DELIVERY OF FOOD FOR LUNCH, OR ANY OTHER
 TERM OR CONDITION OF
 
    EMPLOYMENT AND, UPON REQUEST, BARGAIN IN GOOD FAITH TO THE FULL
 EXTENT CONSONANT WITH LAW.
 
    (C) POST AT ITS FACILITIES AT THE MID-AMERICA SERVICE CENTER, 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 DIRECTOR OF THE MID-AMERICA
 SERVICE CENTER, 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 DIRECTOR 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 VII, 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 HEREBY FURTHER ORDERED THAT THE ALLEGATIONS CONTAINED IN THE
 COMPLAINT IN CASE NO. 7-CA-29 RELATING TO ADMINISTRATIVE TIME FOR
 LUNCHEON PREPARATION AND CLEAN-UP, EMPLOYEES' DRESS CODE, AND THE
 ALLEGED REFUSAL TO COOPERATE WITH THE FEDERAL SERVICE IMPASSES PANEL,
 BE, AND THEY HEREBY ARE, DISMISSED.
 
    ISSUED, WASHINGTON, D.C., JUNE 24, 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 UNILATERALLY ALTER OR CHANGE THE ESTABLISHED PAST
 PRACTICES AS THEY EXISTED PRIOR TO MARCH 12, 1979 WITH RESPECT TO
 RETIREMENT RECEPTIONS, INTER-MODULE COLLECTION OF DONATIONS, EMPLOYEE
 ACTIVITIES DURING BREAKS, THE DISPLAY OF FOOD AND REFRESHMENTS AT BREAKS
 AND AT OTHER THAN LUNCHEON PERIODS, CATERING OF LUNCHEONS DURING THE
 AUTHORIZED LUNCHEON PERIOD, THE ORDERING OUT AND DELIVERY OF FOOD FOR
 LUNCH, OR ANY OTHER TERM OR CONDITION OF EMPLOYMENT, WITHOUT FIRST
 NOTIFYING LOCAL 1336, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 AFL-CIO, AS THE AUTHORIZED REPRESENTATIVE OF THE NATIONAL OFFICE,
 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO (NATIONAL COUNCIL
 OF SOCIAL SECURITY PAYMENT CENTER LOCALS), THE EXCLUSIVE BARGAINING
 REPRESENTATIVE OF OUR EMPLOYEES, AND, UPON REQUEST, BARGAINING IN GOOD
 FAITH TO THE FULL EXTENT CONSONANT WITH LAW.
 
    WE WILL NOT IN ANY LIKE OR RELATED MANNER INTERFERE WITH, RESTRAIN,
 OR COERCE OUR EMPLOYEES IN THE EXERCISE OF RIGHTS ASSURED BY THE FEDERAL
 SERVICE LABOR-MANAGEMENT RELATIONS STATUTE.
 
    WE WILL RESCIND AND REVOKE MAMPSC GUIDE 7-1, "SOCIAL ACTIVITIES AT
 THE WORKSITE," TO THE EXTENT SUCH GUIDE CHANGED ESTABLISHED PAST
 PRACTICES AS THEY EXISTED PRIOR TO MARCH 12, 1979 WITH RESPECT TO
 RETIREMENT RECEPTIONS, INTER-MODULE COLLECTION OF DONATIONS, EMPLOYEE
 ACTIVITIES DURING BREAKS, THE DISPLAY OF FOOD AND REFRESHMENTS AT BREAKS
 AND AT OTHER THAN LUNCHEON PERIODS, CATERING OF LUNCHEONS DURING THE
 AUTHORIZED LUNCHEON PERIODS, AND THE ORDERING OUT AND DELIVERY OF FOOD
 FOR LUNCH.
 
    WE WILL NOTIFY LOCAL 1336, AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, AS THE AUTHORIZED REPRESENTATIVE OF THE NATIONAL
 OFFICE, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO (NATIONAL
 COUNCIL OF SOCIAL SECURITY PAYMENT CENTER LOCALS), THE EXCLUSIVE
 BARGAINING REPRESENTATIVE OF OUR EMPLOYEES, OF ANY PROPOSED CHANGE IN
 ESTABLISHED PAST PRACTICES WITH RESPECT TO RETIREMENT RECEPTIONS,
 INTER-MODULE COLLECTION OF DONATIONS, EMPLOYEE ACTIVITIES DURING BREAKS,
 THE DISPLAY OF FOOD AND REFRESHMENTS AT BREAKS AND AT OTHER THAN
 LUNCHEON PERIODS, CATERING OF LUNCHEONS DURING THE AUTHORIZED LUNCHEON
 PERIODS, THE ORDERING OUT AND DELIVERY OF FOOD FOR LUNCH, AND ANY OTHER
 TERM OR CONDITION OF EMPLOYMENT, AND, UPON REQUEST, BARGAIN IN GOOD
 FAITH TO THE FULL EXTENT CONSONANT WITH LAW.
 
                           (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 VII, FEDERAL LABOR RELATIONS AUTHORITY, WHOSE
 ADDRESS IS:  FEDERAL BUILDING AND U.S. CUSTOMS HOUSE, 1531 STOUT STREET,
 SUITE 301, DENVER, COLORADO 80202, AND WHOSE TELEPHONE NUMBER IS:  (816)
 374-2199.
 
 
 
 
 
 
 
 
 -------------------- ALJ$ DECISION FOLLOWS --------------------
 
    DANIEL H. GREEN, ESQUIRE
                            FOR THE RESPONDENT
 
    JOHN J. RUBIN, ESQUIRE
                          FOR THE GENERAL COUNSEL
 
    BEFORE:  GARVIN LEE OLIVER
                         ADMINISTRATIVE LAW JUDGE
 
                                 DECISION
 
                           STATEMENT OF THE CASE
 
    THIS CASE AROSE PURSUANT TO THE FEDERAL SERVICE LABOR-MANAGEMENT
 RELATIONS STATUTE, 5 U.S.C. SEC. 7101 ET SEQ., (THE STATUTE), AS A
 RESULT OF AN UNFAIR LABOR PRACTICE COMPLAINT FILED BY THE REGIONAL
 DIRECTOR, SEVENTH REGION, FEDERAL LABOR RELATIONS AUTHORITY, KANSAS
 CITY, MISSOURI, AGAINST THE SOCIAL SECURITY ADMINISTRATION, MID-AMERICA
 SERVICE CENTER, KANSAS CITY, MISSOURI (RESPONDENT OR CENTER).
 
    THE COMPLAINT ALLEGED IN SUBSTANCE, THAT RESPONDENT REFUSED TO
 NEGOTIATE WITH AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1336,
 AFL-CIO (THE UNION) CONCERNING THE ISSUANCE OF MAMPSC GUIDE 7-1.
 FURTHER, THAT ON OR ABOUT MARCH 12, 1979, AND CONTINUING THEREAFTER,
 RESPONDENT UNILATERALLY CHANGED CONDITIONS OF EMPLOYMENT BY IMPLEMENTING
 SAID GUIDE WITHOUT AFFORDING THE UNION THE OPPORTUNITY TO BARGAIN ON THE
 SUBJECTS CONTAINED THEREIN, INCLUDING:  (1) RETIREMENT ACTIVITIES DURING
 WORK HOURS;  (2) ADMINISTRATIVE TIME FOR LUNCHEON PREPARATION AND
 CLEANUP;  (3) INTER-MODULE COLLECTIONS OF DONATIONS;  (4) DISPLAY OF
 FOOD AT BREAKS;  (5) DISPLAY OF REFRESHMENTS AT OTHER THAN LUNCH
 PERIODS;  (6) EMPLOYEE DRESS CODE;  (7) CATERING OF LUNCHEONS;  AND (8)
 ORDERING OUT AND PICKING UP FOOD BY MODULES.  THE COMPLAINT ALSO ALLEGED
 THAT RESPONDENT REFUSED TO COOPERATE WITH IMPASSE PROCEDURES ON OR
 ABOUT
 MARCH 8, 1979 BY FAILING TO PARTICIPATE WHEN THE SERVICES OF THE FEDERAL
 SERVICE IMPASSES PANEL WERE REQUESTED BY THE UNION.  THE COMPLAINT
 ALLEGED THAT BY THESE ACTS THE RESPONDENT HAD VIOLATED SECTIONS
 7116(A)(1), (5), (6), AND (8) OF THE STATUTE.  RESPONDENT DENIED THE
 ALLEGATIONS.
 
    A HEARING WAS HELD IN THIS MATTER IN KANSAS CITY, MISSOURI.  THE
 RESPONDENT AND THE GENERAL COUNSEL WERE REPRESENTED BY COUNSEL AND
 AFFORDED FULL OPPORTUNITY TO BE HEARD, ADDUCE RELEVANT EVIDENCE, EXAMINE
 AND CROSS-EXAMINE WITNESSES, AND FILE POST-HEARING BRIEFS.
 
    BASED ON THE ENTIRE RECORD HEREIN, INCLUDING MY OBSERVATION OF THE
 WITNESSES AND THEIR DEMEANOR, THE EXHIBITS, AND OTHER RELEVANT EVIDENCE
 ADDUCED AT THE HEARING, AND THE BRIEFS, I MAKE THE FOLLOWING FINDINGS OF
 FACT, CONCLUSIONS OF LAW, AND RECOMMENDATIONS.
 
                             FINDINGS OF FACT
 
    1.  AT ALL TIMES MATERIAL HEREIN, THE NATIONAL OFFICE OF THE AMERICAN
 FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, (NATIONAL COUNCIL OF SOCIAL
 SECURITY PAYMENT CENTER LOCALS), OF WHICH THE UNION HEREIN, A LABOR
 ORGANIZATION, IS AN AGENT AND CONSTITUENT LOCAL REPRESENTATIVE, HAS BEEN
 RECOGNIZED AS THE EXCLUSIVE REPRESENTATIVE FOR A UNIT CONSISTING OF ALL
 NON-SUPERVISORY EMPLOYEES (INCLUDING PROFESSIONALS) IN ALL THE SOCIAL
 SECURITY ADMINISTRATION PROGRAM SERVICE CENTERS, EXCLUDING MANAGEMENT
 OFFICIALS AND EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN
 A PURELY CLERICAL CAPACITY.
 
    2.  AT ALL TIMES SINCE JUNE 10, 1969, LOCAL 1336, AFGE HAS BEEN THE
 EXCLUSIVE REPRESENTATIVE OR THE AGENT OF THE EXCLUSIVE REPRESENTATIVE OF
 THE EMPLOYEES IN THE UNIT DESCRIBED ABOVE AND EMPLOYED AT RESPONDENT'S
 KANSAS CITY, MISSOURI MID-AMERICA PROGRAM SERVICE CENTER.
 
    3.  RESPONDENT HAS APPROXIMATELY 2200 EMPLOYEES.  MOST OF THE WORK IS
 ACCOMPLISHED IN 42 MODULES OF 50 EMPLOYEES EACH.  EACH MODULE IS HEADED
 BY A MANAGER AND TWO ASSISTANTS.  ABOVE THE MODULE ORGANIZATION ARE
 SEVEN SECTION CHIEFS WITH RESPONSIBILITY FOR SIX MODULES EACH, TWO
 BRANCH CHIEFS, THE DIRECTOR OF OPERATIONS, AND THE DIRECTOR.
 
    4.  THE AUTHORIZED DAILY HOURS OF WORK HAS CONSISTENTLY INCLUDED A 30
 MINUTE LUNCH PERIOD AND TWO 15 MINUTE REST PERIODS OR BREAKS.  BREAKS
 ARE CONSIDERED OFFICIAL TIME AND EMPLOYEES ARE CONSIDERED TO BE ON DUTY.
 
    5.  IMMEDIATE SUPERVISORS AND ALL SUPERVISORY POSITIONS ABOVE THEM
 HAVE CONSISTENTLY BEEN AUTHORIZED TO EXCUSE BRIEF ABSENCES AND TARDINESS
 FROM DUTY OF LESS THAN AN HOUR AND TO CONSIDER SUCH ABSENCES AS TIME ON
 DUTY WHEN THE REASONS APPEARED TO BE ADEQUATE.  ABSENCES, OR TARDINESS
 OF MORE THAN ONE HOUR, ARE TO BE CHARGED TO LEAVE.
 
    6.  PRIOR TO MARCH 12, 1979, SOME MODULE SUPERVISORS EXCUSED ONE OR
 MORE EMPLOYEES FROM DUTY FOR FIVE TO 30 MINUTES PRIOR TO THE BEGINNING
 OF THE ALLOTED LUNCH PERIOD, AND FOR A SIMILAR PERIOD AFTER THE
 LUNCHEON, SO THAT SUCH EMPLOYEES COULD PREPARE FOR, AND CLEAN UP AFTER,
 SPECIAL LUNCHEON FUNCTIONS FOR SUCH OCCASIONS AS HOLIDAYS, BIRTHDAYS,
 RETIREMENTS, SHOWERS, AND RELATED CELEBRATIONS.  SUCH LUNCHEONS OFTEN
 RAN OVER THE ALLOTED 30 MINUTE PERIOD, AND SUCH SUPERVISORS EXCUSED THE
 EXCESS TIME FOR EMPLOYEES IN THEIR MODULE.
 
    7.  PRIOR TO MARCH 12, 1979, SOME MODULE SUPERVISORS EXCUSED
 EMPLOYEES FROM DUTY BEFORE AND AFTER BREAKS IN ORDER TO PREPARE FOOD AND
 DRINK WHEN SPECIAL CELEBRATIONS OF BIRTHDAY PARTIES, SHOWERS, ETC., WERE
 SCHEDULED DURING THE BREAKS.  SUCH CELEBRATIONS OFTEN CAUSED THE BREAKS
 TO RUN OVER THE ALLOTED 15 MINUTE PERIOD, AND SUCH SUPERVISORS EXCUSED
 THE EXCESS TIME FOR EMPLOYEES IN THE MODULE.
 
    8.  PRIOR TO MARCH 12, 1979, THE DIRECTOR OF OPERATIONS HELD STAFF
 MEETINGS WITH SECTION CHIEFS AND BRANCH CHIEFS AND ORALLY REMINDED THEM
 ON AT LEAST A MONTHLY BASIS TO RESTRICT EMPLOYEE LUNCHES TO 30 MINUTES
 AND BREAKS TO 15 MINUTES.  SECTION CHIEFS AND/OR BRANCH CHIEFS, IN TURN,
 WOULD MEET WITH THEIR RESPECTIVE MANAGER TO DISSEMINATE THE INFORMATION.
 
    9.  MAMPSC GUIDE 7-1, IMPLEMENTED MARCH 12, 1979, NOTED THAT THE
 LUNCH TIME FOR SSA EMPLOYEES IS "NO MORE THAN A 1/2 HOUR PERIOD.
 CONSEQUENTLY, EMPLOYEES MUST CONFINE THEIR PREPARATION, EATING AND
 CLEANING UP TIME TO THIS LUNCH PERIOD."
 
    10.  SINCE THE ISSUANCE OF MAMPSC GUIDE 7-1 LUNCHES AND BREAKS HAVE
 BEEN CONFINED TO THE AUTHORIZED TIMES AND ADMINISTRATIVE OR OFFICIAL
 TIME FOR LUNCHEON PREPARATION AND CLEAN-UP, OR BREAK PREPARATION AND
 CLEAN-UP HAS NOT BEEN PERMITTED.
 
    CATERING OF LUNCHEONS
 
    11.  PRIOR TO MARCH 12, 1979 THE FOOD FOR SPECIAL OCCASION LUNCHEON
 FUNCTIONS FOR UNIT EMPLOYEES WAS OFTEN BROUGHT IN AND SET UP BY A
 CATERING ESTABLISHMENT, OR RESTAURANT LOCATED OUTSIDE OF RESPONDENT'S
 VARIOUS BUILDINGS, OR BY THE IN-BUILDING CAFETERIA.
 
    12.  MAMPSC GUIDE 7-1, IMPLEMENTED MARCH 12, 1979, PROVIDED THAT
 "OUTSIDE CATERING (INCLUDING IN-BUILDING CAFETERIA WILL NOT BE
 PERMITTED."
 
    13.  SINCE THE ISSUANCE OF MAMPSC GUIDE 7-1 OUTSIDE CATERING OF
 LUNCHEONS HAS BEEN SEVERLY CURTAILED, OR, IN MOST CASES, COMPLETELY
 ELIMINATED.
 
    ORDERING OUT AND HAVING FOOD DELIVERED
 
    14.  PRIOR TO MARCH 12, 1979 MANY UNIT EMPLOYEES CONSISTENTLY
 PARTICIPATED IN THE "ORDERING OUT" OF LUNCHEONS, WHEREBY GROUPS OF
 EMPLOYEES WOULD AGREE TOGETHER TO ORDER FOOD FOR LUNCH FROM A
 PARTICULAR
 OUTSIDE ESTABLISHMENT.  THE FOOD ORDER WOULD EITHER BE PICKED UP BY A
 UNIT EMPLOYEE AND BROUGHT BACK TO THE WORK AREA, OR DELIVERED BY THE
 OUTSIDE ESTABLISHMENT TO THE WORK AREA.
 
    15.  SINCE THE ISSUANCE OF MAMPSC GUIDE 7-1 ON MARCH 12, 1979 THE
 PRACTICE OR ORDERING OUT AND HAVING FOOD DELIVERED BY OUTSIDE
 ESTABLISHMENTS HAS BEEN SEVERELY CURTAILED, OR, IN MOST CASES,
 COMPLETELY ELIMINATED.
 
    SPECIAL ACTIVITIES DURING BREAK, DISPLAY OF FOOD AT BREAK AND
 
    AT OTHER THAN LUNCHEON PERIODS
 
    16.  PRIOR TO MARCH 12, 1979, MANY, IF NOT MOST, UNIT EMPLOYEES
 ROUTINELY PARTICIPATED OR ENGAGED IN CELEBRATIONS OF VARIOUS TYPES
 DURING MORNING AND AFTERNOON BREAK PERIODS FOR SUCH OCCASIONS AS BABY
 SHOWERS, BIRTHDAY PARTIES, AND EMPLOYEE RESIGNATION AND REASSIGNMENTS.
 DURING THIS TIME FOOD AND DRINK WOULD BE SERVED.  OFTEN THE LEFT OVER
 FOOD AND DRINK SERVED AT THESE LUNCHEON AND BREAK FUNCTIONS WOULD REMAIN
 ON DISPLAY IN THE WORK AREAS FOR CONSUMPTION BY UNIT EMPLOYEES DURING
 THE REST OF THE REGULAR DUTY TIME.
 
    17.  MAMPSC GUIDE 7-1, IMPLEMENTED MARCH 12, 1979, PROVIDED THAT, "A
 DISPLAY OF REFRESHMENTS WILL NOT BE PERMITTED BEFORE OR AFTER THE
 ASSIGNED LUNCH TIME." THE GUIDE ALSO PROVIDED THAT, "ANY OTHER
 ACTIVITIES NOT COVERED OR AUTHORIZED ABOVE (E.G. BABY SHOWERS, BIRTHDAY
 PARTIES, ETC.) ARE NOT AUTHORIZED TO BE HELD DURING REGULAR DUTY TIME."
 
    18.  SINCE THE IMPLEMENTATION OF THE MAMPSC GUIDE SPECIAL
 CELEBRATIONS DURING THE BREAK PERIOD AND THE DISPLAY OF REFRESHMENTS AT
 OTHER THAN LUNCH TIME HAS BEEN SEVERELY CURTAILED, OR ELIMINATED.
 
    INTER-MODULE COLLECTIONS OF DONATIONS
 
    19.  PRIOR TO MARCH 12, 1979 ENVELOPES REQUESTING MONETARY DONATIONS
 FOR EMPLOYEES UNDERGOING RETIREMENT, RECENT DEATH OF FAMILY MEMBERS, OR
 PERSONAL TRAGEDIES WERE ROUTINELY CIRCULATED TO THE DESKS OF UNIT
 EMPLOYEES, OR TO THEIR WORK AREAS.  SUCH COLLECTION ENVELOPES WOULD BE
 CIRCULATED FREQUENTLY AND ROUTINELY WITHIN THE INITIATING COMPONENT'S
 WORK AREA AND THROUGHOUT OTHER WORK AREAS.
 
    20.  MAMPSC GUIDE 7-1, IMPLEMENTED MARCH 12, 1979 PROVIDED THAT THE
 CIRCULATION OF COLLECTION ENVELOPES TO COMPONENTS OUTSIDE THE INITIATING
 COMPONENT'S AREA WAS NOT AUTHORIZED.
 
    21.  SINCE MARCH 12, 1979 THE CIRCULATION OF COLLECTION ENVELOPES TO
 COMPONENTS OUTSIDE THE INITIATING COMPONENT'S AREA HAS BEEN ELIMINATED.
 
    EMPLOYEE DRESS CODE - COSTUMES
 
    22.  PRIOR TO MARCH 12, 1979 A SMALL PERCENTAGE OF THE 2200 EMPLOYEES
 OF THE RESPONDENT WOULD WEAR COSTUMES DURING DUTY TIME IN CELEBRATION OF
 SUCH HOLIDAY FUNCTIONS AS HALLOWEEN, THANKSGIVING, CHRISTMAS, AND ST.
 PATRICK'S DAY.  ONE OR MORE EMPLOYEES WERE OBSERVED ON SOME OF THIESE
 OCCASIONS DRESSED IN SANTA CLAUS, ELF, AND PILGRIM COSTUMES.  ONE MODULE
 MANAGER ONCE WORE A PILGRIM COSTUME.  ONE OR TWO EMPLOYEES ALSO ONCE
 WENT THROUGH VARIOUS MODULES AT HALLOWEEN WEARING GORILLA MASKS OR
 CLOWN
 COSTUMES.
 
    23.  THE SSA GUIDE ON EMPLOYEE CONDUCT, ISSUED IN SEPTEMBER 1978 AND
 MADE AVAILABLE TO UNIT EMPLOYEES, PROVIDED, IN PART, THAT "AN EMPLOYEE
 SHALL OBSERVE STANDARD OF DRESS AND APPEARANCE ACCEPTABLE IN THE
 COMMUNITY AND SUITABLE TO THE WORK ENVIRONMENT."
 
    24.  MAMPSC GUIDE 7-1, IMPLEMENTED ON MARCH 12, 1979, PROVIDED, IN
 PART, THAT, "EXCEPT IN RARE SITUATIONS REQUIRING THE DIRECTOR OF
 MANAGEMENT'S APPROVAL, EMPLOYEES ARE PROHIBITED FROM WEARING "COSTUMES"
 DURING WORKING HOURS.
 
    25.  SINCE THE IMPLEMENTATION OF THE MAMPSC GUIDE, NO UNIT EMPLOYEES
 HAVE BEEN OBSERVED WEARING COSTUMES.
 
    RETIREMENT ACTIVITIES DURING DUTY HOURS
 
    26.  PRIOR TO MARCH 12, 1979 RETIREMENT RECEPTIONS WERE HELD FOR
 RETIRING EMPLOYEES.  THE CONFERENCE ROOM WAS RESERVED.  ONE OR TWO
 EMPLOYEES FROM THE RETIREE'S UNIT WOULD BE PERMITTED OFFICIAL TIME TO
 DECORATE THE ROOM, SERVE PUNCH AND CAKE, AND CLEAN UP AFTERWARDS.  THE
 RECEPTIONS WERE USUALLY SCHEDULED FOR TWO HOURS IN THE AFTERNOON IN
 ORDER TO ACCOMODATE STAGGERED BREAK PERIODS AND ALLOW THE RETIREE TO BE
 GREETED BY FELLOW EMPLOYEES.  EMPLOYEES FROM THROUGHOUT THE CENTER, WHO
 WERE ACQUAINTED WITH THE RETIREE AND WERE GRANTED PERMISSION BY THE
 SUPERVISOR, WERE PERMITTED TO ATTEND THE RECEPTION DURING THEIR BREAK
 PERIOD.  SUCH RECEPTIONS WERE USUALLY ATTENDED BY A LARGE NUMBER OF UNIT
 EMPLOYEES AND SUPERVISORS.  THESE RETIREMENT RECEPTIONS OCCURRED NOT
 MORE THAN EIGHT TIMES A YEAR PRIOR TO 1978.  DURING 1978 THERE WERE AS
 MANY AS 20 RETIREMENT RECEPTIONS A YEAR AND THE NUMBER WAS EXPECTED TO
 INCREASE.
 
    27.  MAMPSC GUIDE 7-1, IMPLEMENTED ON MARCH 12, 1979, PROVIDED THAT,
 "RETIREMENT RECEPTIONS AND PARTIES WILL NOT BE PERMITTED IN THE WORK
 AREA DURING DUTY TIME.  LUNCHEONS FOR RETIREMENT PURPOSES WILL BE
 SUBJECT TO THE ABOVE STATED POLICY (GOVERNING LUNCHEONS)."
 
    28.  SINCE THE IMPLEMENTATION OF THE MAMPSC GUIDE, RETIREMENT
 LUNCHEONS HAVE BEEN LIMITED TO THE EMPLOYEE'S OWN WORK PLACE DURING THE
 30 MINUTE LUNCH PERIOD.  NO RETIREMENT RECEPTIONS OF THE TYPE OCCURRING
 PRIOR TO MARCH 12, 1979 HAVE BEEN PERMITTED.
 
    CONSULTATION/BARGAINING CONCERNING MAMPSC GUIDE 7-1
 
    29.  ON DECEMBER 5, 1978 RESPONDENT TRANSMITTED TO THE UNION MAMPSC
 GUIDE 7-1, "SOCIAL ACTIVITIES AT THE WORKSITE" IN DRAFT FORM.  THE UNION
 IMMEDIATELY PREPARED A MEMORANDUM TO RESPONDENT REQUESTING NEGOTIATIONS
 ON THE PROPOSED ISSUANCE OF THE GUIDE.  THE PARTIES AGREED TO MEET ON
 FEBRUARY 8, 1979.
 
    30.  AT THE FEBRUARY 8, 1979 MEETING, THE PARTIES DISCUSSED THE
 LANGUAGE AND CONTENT OF THE TRANSMITTAL SHEET ATTACHED TO THE SUBJECT
 GUIDE AND THE LANGUAGE AND CONTENT OF THE PROPOSED GUIDE ITSELF.  THE
 UNION CONCEDED MANAGEMENT'S RIGHT TO CURTAIL SUCH ACTIVITIES AS THE
 WEARING OF GORILLA COSTUMES BY UNIT EMPLOYEES, BUT OPPOSED ISSUANCE OF
 THE GUIDE ITSELF.  THE UNION ORALLY ADVANCED TWO PROPOSALS:  (1) NO
 CHANGE IN EXISTING CONDITIONS OF EMPLOYMENT;  AND (2) IN THE
 ALTERNATIVE, THE INSTITUTION OF A FLEX BAND AT LUNCH TIME.
 
    31.  RESPONDENT TRANSMITTED TO THE UNION ITS FINAL PROPOSED VERSION
 OF THE GUIDE ON MARCH 5, 1979, WHICH INDICATED A PROPOSED IMPLEMENTATION
 DATE OF MARCH 12, 1979.  THE UNION REQUESTED AND WAS GRANTED A SECOND
 MEETING ON MARCH 8, 1979.
 
    32.  THE MARCH 8, 1979 MEETING WAS VERY BRIEF AND CONSISTED OF THE
 UNION PRESENTING RESPONDENT WITH WRITTEN PROPOSALS CONCERNING THE
 SUBJECT GUIDE WHICH WERE IDENTICAL TO THOSE RAISED ORALLY AT THE
 FEBRUARY 8, 1979 MEETING.  RESPONDENT REPLIED THAT MANAGEMENT HAD
 CONSIDERED THE UNION'S PREVIOUS PROPOSALS AND THE WRITTEN PROPOSALS WERE
 NOTHING NEW.  AT THIS POINT, REGINALD T. HUEY, UNION EXECUTIVE VICE
 PRESIDENT, USED THE TELEPHONE TO CALL THE LOCAL OFFICE OF THE FEDERAL
 MEDIATION AND CONCILIATION SERVICE (FMCS).  HE ADVISED FMCS THAT THE
 PARTIES WERE INVOLVED IN NEGOTIATIONS AND NEEDED ASSISTANCE.  ROBERT D.
 PACK, RESPONDENT'S LABOR RELATIONS SPECIALIST, ADVISED MR. HUEY THAT,
 "WE'RE NOT NEGOTIATING, WE'RE CONSULTING." MR. HUEY THEN LEFT MR.
 PACK'S OFFICE AFTER HANDING HIM A TYPED FMCS FORM.
 
    33.  MR. PACK RECEIVED SEVERAL PHONE CALLS FROM FMCS COMMISSIONER
 CALVIN HOGUE THAT DAY AND LATER FURNISHED MR. HOGUE ALL THE RELEVANT AND
 PERTINENT DOCUMENTS WHICH HE HAD REQUESTED.  UPON BEING ADVISED THAT THE
 FMCS COULD DO NOTHING FURTHER, MR. HUEY PREPARED A REQUEST TO THE
 FEDERAL SERVICE IMPASSE PANEL (FSIP).
 
    34.  THE FOLLOWING DAY, MARCH 9, 1979, MR. PACK RECEIVED A COPY OF
 THE UNION'S REQUEST OF THE FSIP FOR ASSISTANCE.  RESPONDENT IMPLEMENTED
 THE SUBJECT GUIDE ON MARCH 12, 1979 AND CONSIDERED IT IN FULL FORCE AND
 EFFECT FROM THAT DATE ONWARD.  ON OR ABOUT MARCH 25, 1979, MR. PACK
 RECEIVED FORMAL NOTICE FROM THE FSIP THAT A REQUEST FOR THEIR SERVICES
 HAD BEEN FILED.  RESPONDENT FURNISHED TO THE FSIP ALL REQUESTED
 INFORMATION.  SUBSEQUENTLY, THE UNION FURNISHED TO THE FSIP ALL
 REQUESTED INFORMATION.  SUBSEQUENTLY, THE UNION WITHDREW ITS REQUEST FOR
 FSIP ASSISTANCE, AND RESPONDENT WAS SO NOTIFIED.  IN THE INTERVENING
 PERIOD, THE INSTANT UNFAIR LABOR PRACTICE CHARGE WAS FILED.
 
    35.  AT ALL TIMES MATERIAL HEREIN THE ABOVE NAMED PARTIES WERE
 GOVERNED BY ONE OF TWO NATIONAL MASTER COLLECTIVE BARGAINING AGREEMENTS.
  THE 1974 NATIONAL MASTER AGREEMENT PROVIDED IN ARTICLE 2, SECTION E
 THAT, "THE PROGRAM CENTER WILL CONSULT WITH ITS RESPECTIVE LOCAL ON
 MATTERS WITHIN THE AUTHORITY OF THE REGIONAL REPRESENTATIVE RELATING TO
 PERSONNEL POLICIES, PRACTICES, AND WORKING CONDITIONS." ACCORDINGLY, IN
 JANUARY 1979 RESPONDENT AND THE UNION FORMALIZED THEIR "CONSULTATION
 PRACTICES" BY AGREEING AS TO THE LEVELS OF MANAGEMENT AND THE UNION TO
 BE INVOLVED IN "CONSULTATION" AND THE FORMALITY OF THE REQUESTS.  THE
 WORDS "CONSULT" OR "CONSULTATION" WERE NOT OTHERWISE DEFINED.  THE 1978
 NATIONAL MASTER AGREEMENT DID NOT CONTAIN ANY DESCRIPTION OF THE LOCAL
 BARGAINING ARRANGEMENT, BECAUSE THAT ISSUE WAS SUBJECT TO REOPENING AS
 SOON AS ITS NEGOTIABILITY WAS FINALLY DETERMINED.  FOLLOWING A
 NEGOTIABILITY DETERMINATION, THE MATTER WAS BEFORE THE FEDERAL SERVICE
 IMPASSES PANEL IN MARCH 1979.  AT THIS TIME, RESPONDENT WAS INSTRUCTED
 TO FOLLOW THE PRIOR CONTRACT WITH RESPECT TO ITS DEALINGS WITH THE
 UNION.
 
               DISCUSSIONS, CONCLUSIONS, AND RECOMMENDATIONS
 
    THE GENERAL COUNSEL ALLEGES THAT RESPONDENT UNILATERALLY CHANGED PAST
 PRACTICES RISING TO THE LEVELS OF CONDITIONS OF EMPLOYMENT IN EIGHT
 AREAS BY ISSUING MAMPSC GUIDE 7-1.
 
    IN ORDER TO CONSTITUTE THE ESTABLISHMENT BY PRACTICE OF A TERM AND
 CONDITION OF EMPLOYMENT THE PRACTICE MUST BE CONSISTENTLY EXERCISED FOR
 AN EXTENDED PERIOD OF TIME AND FOLLOWED BY BOTH PARTIES, OR FOLLOWED BY
 ONE PARTY AND NOT CHALLENGED BY THE OTHER OVER A SUBSTANTIALLY LONG
 DURATION.  CF. DEPARTMENT OF THE NAVY, NAVAL UNDERWATER SYSTEMS CENTER,
 NEWPORT NAVAL BASE, 3 FLRA NO. 64(1980).
 
    BASED ON THE ABOVE FINDINGS AND THE ENTIRE RECORD, I CONCLUDE UNDER
 THIS CRITERIA THAT A PREPONDERANCE OF THE EVIDENCE DOES NOT ESTABLISH
 THE EXISTENCE OF A PAST PRACTICE THROUGHOUT THE CENTER WITH REGARD TO
 THE GRANTING OF OFFICIAL OR ADMINISTRATIVE TIME FOR LUNCHEONS AND BREAKS
 EXTENDING OVER 30 AND 15 MINUTES, RESPECTIVELY, OR FOR THE PREPARATION
 AND CLEAN-UP OF SUCH LUNCHEONS AND CELEBRATIONS DURING BREAKS.  SOME
 MODULE SUPERVISORS DID EXCUSE EMPLOYEES FROM DUTY FOR SUCH ACTIVITIES,
 BUT HIGHER MANAGEMENT AT THE CENTER CONTINUALLY REITERATED THAT THE
 LUNCH PERIOD WAS LIMITED TO 30 MINUTES AND BREAKS TO 15 MINUTES AND
 SOUGHT TO HAVE THE SUPERVISORS ENFORCE THESE LIMITS.  THUS, MAMPSC GUIDE
 7-1, BY CONFINING THE PREPARATION, EATING AND CLEANING UP OF LUNCHEONS
 TO 30 MINUTES MERELY REAFFIRMED EXISTING PERSONNEL POLICIES AND
 PRACTICES AT THE CENTER.
 
    SIMILARLY, A PREPONDERANCE OF THE EVIDENCE DOES NOT ESTABLISH THE
 EXISTENCE OF A PAST PRACTICE WHEREBY UNIT EMPLOYEES CONSISTENTLY WORE
 COSTUMES FOR HOLIDAY CELEBRATIONS DURING WORKING HOURS.  SUCH INCIDENTS
 AS ARE REFLECTED IN THE RECORD ARE PROPERLY DEEMED ISOLATED OCCURRENCES
 BY A SMALL NUMBER OF EMPLOYEES AMONG THE 2200 EMPLOYEES AT THE CENTER.
 THESE INCIDENTS DO NOT PROVE THE EXISTENCE OF A RECOGNIZABLE WORKING
 CONDITION.  A REASONABLE PERSON WOULD NOT VIEW THESE ISOLATED INCIDENTS
 AS REFLECTING A CONSISTENT PATTERN THAT SUGGESTS REOCCURRENCE BASED ON
 DESIGN AS DISTINGUISHED FROM REOCCURRENCE BASED ON LUCK OR ONE-TIME
 AFFAIRS.  THUS, MAMPSC GUIDE 7-1, BY PROHIBITING THE WEARING OF COSTUMES
 DURING WORKING HOURS DID NO MORE THAN REAFFIRM EXISTING PERSONNEL
 POLICIES AND PRACTICES AT THE CENTER PROVIDING FOR "THE STANDARD OF
 DRESS AND APPEARANCE ACCEPTABLE IN THE COMMUNITY AND SUITABLE TO THE
 WORK ENVIRONMENT."
 
    THE PREPONDERANCE OF THE EVIDENCE DOES ESTABLISH THAT MAMPSC GUIDE
 7-1 CHANGED PAST PRACTICES RISING TO THE LEVEL OF CONDITIONS OF
 EMPLOYMENT BY PROHIBITING UNIT EMPLOYEES FROM HAVING (1) RETIREMENT
 RECEPTIONS AS PREVIOUSLY CONDUCTED, (2) INTER-MODULE COLLECTIONS OF
 DONATIONS, (3) EMPLOYEE ACTIVITIES DURING BREAK AND THE DISPLAY OF FOOD
 AND REFRESHMENTS AT BREAKS AND AT OTHER THAN LUNCHEON PERIODS, (4)
 CATERING OF LUNCHEONS, DURING THE AUTHORIZED LUNCHEON PERIOD, AND (5)
 ORDERING OUT AND DELIVERY OF FOOD FOR LUNCH.  IT IS WELL ESTABLISHED
 THAT TERMS AND CONDITIONS OF EMPLOYMENT ESTABLISHED BY PAST PRACTICE MAY
 NOT BE ALTERED BY EITHER PARTY IN THE ABSENCE OF AGREEMENT OR IMPASSE
 FOLLOWING GOOD FAITH BARGAINING.  DEPARTMENT OF THE NAVY, NAVAL
 UNDERWATER SYSTEMS CENTER, NEWPORT NAVAL BASE, 3 FLRA NO. 64(1980).
 
    THE RECORD REFLECTS THAT RESPONDENT UNILATERALLY MADE THESE CHANGES
 IN PAST PRACTICE WITHOUT BARGAINING IN GOOD FAITH.  THE UNION'S SPECIFIC
 PROPOSALS WERE NEITHER AGREED TO BY MANAGEMENT, MODIFIED AND AGREED TO
 BY THE PARTIES, WITHDRAWN BY THE UNION, OR IN ANY OTHER WAY RESOLVED BY
 THE PARTIES AS REQUIRED BY THE STATUTE PRIOR TO THE TIME THE CHANGES
 WERE IMPLEMENTED THROUGH THE MAMPSC GUIDE ON MARCH 12, 1979.  RESPONDENT
 VIEWED ITS PRIMARY OBLIGATION UNDER THE MASTER AGREEMENT AND A 1975
 MEMORANDUM AS ONE OF "CONSULTATIONS" RATHER THAN "NEGOTIATIONS." THIS
 ARGUMENT MUST BE REJECTED FOR THE SAME REASONS SET FORTH IN A SERIES OF
 DECISIONS UNDER THE EXECUTIVE ORDER AFFIRMED BY THE ASSISTANT SECRETARY
 AND CITED WITH APPROVAL MOST RECENTLY IN DEPARTMENT OF HEALTH, EDUCATION
 AND WELFARE, SOCIAL SECURITY ADMINISTRATION, GREAT LAKES PROGRAM CENTER,
 CHICAGO, ILLINOIS, 2 FLRA NO. 73(1980).  NEITHER THE MASTER AGREEMENT OR
 THE JANUARY 1975 AGREEMENT IN WHICH RESPONDENT AND THE UNION FORMALIZED
 THEIR ORAL "CONSULTATION PRACTICES" CONSTITUTED A CLEAR AND UNMISTAKABLE
 WAIVER OF THE UNION'S RIGHT TO BARGAIN MID-CONTRACT CHANGES.  NO
 DIFFERENTIATION IS SPELLED OUT BETWEEN "CONSULT" AND "NEGOTIATE."
 
    RESPONDENT'S ADDITIONAL ARGUMENTS THAT A CRITICAL WORK EXIGENCY
 EXISTED AND THAT THE NATURE OF THE UNION'S PROPOSALS AND ITS ACTIONS ON
 MARCH 8, 1979 JUSTIFIED THE UNILATERAL IMPLEMENTATION OF THE CHANGES ARE
 ALSO REJECTED.  ACCORDINGLY, IT IS CONCLUDED THAT RESPONDENT VIOLATED
 SECTION 7116(A)(5), BY REFUSING TO NEGOTIATE IN GOOD FAITH, AND
 DERIVATIVELY, SECTION 7116(A)(1) OF THE STATUTE.
 
    ALLEGED REFUSAL TO COOPERATE WITH IMPASSE PROCEDURES
 
    THE GENERAL COUNSEL ALLEGED THAT RESPONDENT VIOLATED SECTION
 7116(A)(6) AND (8) BY REFUSING TO COOPERATE WITH IMPASSE PROCEDURES.
 THE GENERAL COUNSEL CONTENDS THAT RESPONDENT'S ACTION IN UNILATERALLY
 IMPLEMENTING THE MAMPSC GUIDE ON MARCH 12, 1979, AFTER HAVING RECEIVED
 NOTICE OF THE UNION'S REQUEST FOR THE SERVICES OF THE FEDERAL SERVICE
 IMPASSES PANEL, AND BEFORE SUCH REQUEST HAD BEEN ACTED ON BY THE PANEL,
 CONSTITUTED A FAILURE TO COOPERATE IN IMPASSE PROCEDURES, REGARDLESS OF
 WHETHER AN ACTUAL NEGOTIATION IMPASSE HAD BEEN REACHED AND REGARDLESS OF
 WHETHER THE IMPASSE REQUEST WAS PROPER.
 
    IT IS NOTED THAT RESPONDENT FURNISHED ALL INFORMATION REQUESTED BY
 THE PANEL AND, IN SO DOING, CONTENDED, IN PART, THAT ITS ISSUANCE OF THE
 GUIDE WAS NOT NEGOTIABLE AND THAT ITS OBLIGATION ON SUCH MATTERS WAS
 ONLY TO CONSULT WITH THE UNION.  THIS POSITION WAS RESPONDENT'S BASIC
 ERROR IN THE CONTROVERSY AND THE REMEDY AFFORDED HEREIN FOR A VIOLATION
 WITH REGARD TO ITS FAILURE TO BARGAIN IN GOOD FAITH MAKES IT UNNECESSARY
 TO REACH THE ISSUE OF A SEPARATE VIOLATION OF SECTON 7116(A)(6) AND (8).
  HOWEVER, IF IT WERE DEEMED PROPER TO REACH THIS ISSUE, I WOULD CONCLUDE
 THAT THERE WAS NO "IMPASSE" WITHIN THE MEANING OF 5 C.F.R. SECTION
 2470.2(E) WHICH "MEANS THAT POINT IN THE NEGOTIATION OF CONDITIONS OF
 EMPLOYMENT AT WHICH THE PARTIES ARE UNABLE TO REACH AGREEMENT,
 NOTWITHSTANDING THEIR EFFORTS TO DO SO BY DIRECT NEGOTIATIONS AND BY THE
 USE OF MEDIATION OR OTHER VOLUNTARY ARRANGEMENTS FOR SETTLEMENT."
 CONSEQUENTLY, IN MY VIEW, THE IMPASSE PROVISIONS OF SECTION 7119(B) OF
 THE STATUTE WERE INAPPLICABLE AND, UNDER THE CIRCUMSTANCES, I WOULD FIND
 NO SEPARATE VIOLATION OF SECTIONS 7116(A)(6) AND (8) AS ALLEGED.
 
    BASED ON THE FOREGOING FINDINGS AND CONCLUSIONS, IT IS RECOMMENDED
 THAT THE AUTHORITY ISSUE THE FOLLOWING ORDER:
 
                                   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 SOCIAL SECURITY ADMINISTRATION,
 MID-AMERICA SERVICE CENTER, KANSAS CITY, MISSOURI, SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) UNILATERALLY ALTERING OR CHANGING ESTABLISHED PAST PRACTICES AS
 THEY EXISTED PRIOR TO
 
    MARCH 12, 1979 WITH RESPECT TO RETIREMENT RECEPTIONS, INTER-MODULE
 COLLECTION OF DONATIONS,
 
    EMPLOYEE ACTIVITIES DURING BREAK, THE DISPLAY OF FOOD AND
 REFRESHMENTS AT BREAKS AND AT OTHER
 
    THAN LUNCHEON PERIODS, CATERING OF LUNCHEONS DURING THE AUTHORIZED
 LUNCHEON PERIOD, THE
 
    ORDERING OUT AND DELIVERY OF FOOD FOR LUNCH, OR ANY OTHER TERM AND
 CONDITION OF EMPLOYMENT,
 
    WITHOUT FIRST NOTIFYING LOCAL 1336, AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, AS
 
    THE AUTHORIZED REPRESENTATIVE OF THE NATIONAL OFFICE, AMERICAN
 FEDERATION OF GOVERNMENT
 
    EMPLOYEES, AFL-CIO (NATIONAL COUNCIL OF SOCIAL SECURITY PAYMENT
 CENTER LOCALS), THE EXCLUSIVE
 
    BARGAINING REPRESENTATIVE OF RESPONDENT'S EMPLOYEES, AND UPON
 REQUEST, BARGAINING IN GOOD
 
    FAITH TO THE FULL EXTENT CONSONANT WITH LAW.
 
    (B) IN ANY LIKE OR RELATED MANNER, INTERFERING WITH, RESTRAINING, OR
 COERCING ITS 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) RESCIND AND REVOKE MAMPSC GUIDE 701, "SOCIAL ACTIVITIES AT THE
 WORKSITE," TO THE EXTENT
 
    SUCH GUIDE CHANGED ESTABLISHED PAST PRACTICES AS THEY EXISTED PRIOR
 TO MARCH 12, 1979 WITH
 
    RESPECT TO RETIREMENT RECEPTIONS, INTER-MODULE COLLECTION OF
 DONATIONS, EMPLOYEE ACTIVITIES
 
    DURING BREAKS, THE DISPLAY OF FOOD AND REFRESHMENTS AT BREAKS AND AT
 OTHER THAN LUNCHEON
 
    PERIODS, CATERING OF LUNCHEONS DURING THE AUTHORIZED LUNCHEON PERIOD,
 AND THE ORDERING OUT AND
 
    DELIVERY OF FOOD FOR LUNCH.
 
    (B) NOTIFY LOCAL 1336, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 AFL-CIO, AS THE
 
    AUTHORIZED REPRESENTATIVE OF THE NATIONAL OFFICE, AMERICAN FEDERATION
 OF GOVERNMENT EMPLOYEES,
 
    AFL-CIO (NATIONAL COUNCIL OF SOCIAL SECURITY ADMINISTRATION PAYMENT
 CENTER LOCALS) THE
 
    EXCLUSIVE BARGAINING REPRESENTATIVE OF RESPONDENT'S EMPLOYEES, OF ANY
 PROPOSED CHANGE IN
 
    ESTABLISHED PAST PRACTICES WITH RESPECT TO RETIREMENT RECEPTIONS,
 INTER-MODULE COLLECTION OF
 
    DONATIONS, EMPLOYEE ACTIVITIES DURING BREAKS, THE DISPLAY OF FOOD AND
 REFRESHMENTS AT BREAKS
 
    AND AT OTHER THAN LUNCHEON PERIODS, CATERING OF LUNCHEONS DURING THE
 AUTHORIZED LUNCHEON
 
    PERIOD, THE ORDERING OUT AND DELIVERY OF FOOD FOR LUNCH, OR ANY OTHER
 TERM OR CONDITION OF
 
    EMPLOYMENT AND, UPON REQUEST, BARGAIN IN GOOD FAITH TO THE FULL
 EXTENT CONSONANT WITH LAW.
 
    (C) POST AT ITS FACILITIES AT THE MID-AMERICA SERVICE CENTER, COPIES
 OF THE ATTACHED NOTICE
 
    MARKED "APPENDIX" ON FORMS TO BE FURNISHED BY THE AUTHORITY.  UPON
 RECEIPT OF SUCH FORMS, THEY
 
    SHALL BE SIGNED BY THE DIRECTOR OF THE MID-AMERICA SERVICE CENTER,
 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
 
    DIRECTOR SHALL TAKE REASONABLE STEPS TO INSURE THAT SUCH NOTICES ARE
 NOT ALTERED, DEFACED, OR
 
    COVERED BY ANY OTHER MATERIAL.
 
    (D) PURSUANT TO 5 C.F.R. SECTION 2423.30 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.
 
    IT IS FURTHER ORDERED THAT THE ALLEGATIONS CONTAINED IN PARAGRAPHS
 4(B)(2), 4(B)(6), 5, AND 8, OF THE COMPLAINT IN CASE NO. 7-CA-29 BE, AND
 HEREBY ARE, DISMISSED.
 
                         GARVIN LEE OLIVER
                         ADMINISTRATIVE LAW JUDGE
 
    DATED:  FEBRUARY 3, 1981
    WASHINGTON, D.C.
 
 
 
 
 
 
         APPENDIX 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 UNILATERALLY ALTER OR CHANGE THE ESTABLISHED PAST
 PRACTICES AS THEY EXISTED PRIOR TO MARCH 12, 1979 WITH RESPECT TO
 RETIREMENT RECEPTIONS, INTER-MODULE COLLECTION OF DONATIONS, EMPLOYEE
 ACTIVITIES DURING BREAK, THE DISPLAY OF FOOD AND REFRESHMENTS AT BREAKS
 AND AT OTHER THAN LUNCHEON PERIODS, CATERING OF LUNCHEONS DURING THE
 AUTHORIZED LUNCHEON PERIOD, THE ORDERING OUT AND DELIVERY OF FOOD FOR
 LUNCH, OR ANY OTHER TERM OR CONDITION OF EMPLOYMENT, WITHOUT FIRST
 NOTIFYING LOCAL 1336, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 AFL-CIO, AS THE AUTHORIZED REPRESENTATIVE OF THE NATIONAL OFFICE,
 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO (NATIONAL COUNCIL
 OF SOCIAL SECURITY PAYMENT CENTER LOCALS), THE EXCLUSIVE BARGAINING
 REPRESENTATIVE OF OUR EMPLOYEES, AND UPON REQUEST, BARGAINING IN GOOD
 FAITH TO THE FULL EXTENT CONSONANT WITH LAW.
 
    WE WILL NOT IN ANY LIKE OR RELATED MANNER, INTERFERE WITH, RESTRAIN,
 OR COERCE OUR EMPLOYEES IN THE EXERCISE OF RIGHTS ASSURED BY THE FEDERAL
 SERVICE LABOR-MANAGEMENT RELATIONS STATUTE.
 
    WE WILL RESCIND AND REVOKE MAMPSC GUIDE 7-1, "SOCIAL ACTIVITIES AT
 THE WORKSITE," TO THE EXTENT SUCH GUIDE CHANGED ESTABLISHED PAST
 PRACTICES AS THEY EXISTED PRIOR TO MARCH 12, 1979 WITH RESPECT TO
 RETIREMENT RECEPTIONS, INTER-MODULE COLLECTION OF DONATIONS, EMPLOYEE
 ACTIVITIES DURING BREAKS, THE DISPLAY OF FOOD AND REFRESHMENTS AT BREAKS
 AND AT OTHER THEN LUNCHEON PERIODS, CATERING OF LUNCHEON DURING THE
 AUTHORIZED LUNCHEON PERIODS, AND THE ORDERING OUT AND DELIVERY OF FOOD
 FOR LUNCH.
 
    WE WILL NOTIFY LOCAL 1336, AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, AS THE AUTHORIZED REPRESENTATIVE OF THE NATIONAL