09:0413(50)NG AFGE, LOCAL 2578 VS GSA -- 1982 FLRAdec NG
[ v09 p413 ]
The decision of the Authority follows:
NATIONAL ARCHIVES AND RECORDS SERVICE
AND NATIONAL ARCHIVES TRUST BOARD,
GENERAL SERVICES ADMINISTRATION
LOCAL 2578, AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES, AFL-CIO
Case Nos. 3-CA-1043
This matter is before the Authority pursuant to the Regional Director's "Order Transferring Cases 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, the General Counsel, and the Charging Party, the Authority finds:
At all times material herein, the American Federation of Government Employees, Local 2578, AFL - CIO (the Union) has been the exclusive representative of a unit consisting of all professional and nonprofessional employees in the National Archives and Records Service and the National Archives Trust Board (the Respondent), and the parties have had a collective bargaining agreement covering the unit employees which contained, inter alia, a provision (Article XX) entitled "Dues Withholding." 1 [ v9 p413 ]
In Case No. 3-CA-1043, two bargaining unit employees who had authorized the deduction of union dues from their paychecks were transferred out of the unit but did not revoke their dues withholding authorizations. The Respondent continued to withhold union dues on their behalf until December 20, 1979 (a period of 15 months in one case and 10 months in the other), when the Respondent's Personnel Officer notified the payroll branch by memorandum to terminate dues checkoff for these employees retroactive to the dates of their transfers and to refund to them all deductions made after their transfer dates. Thereafter, although the Union notified the Respondent of its position that refunds to employees were caused by management's error and therefore should be charged to the Respondent rather than the Union, the Respondent deducted from a subsequent dues allotment submitted to the Union an amount sufficient to offset what had been refunded to the two employees.
Three other employees had timely submitted revocation of dues forms (SF 1188s) to the Respondent to be effective on the first pay period after September 1, 1979, the next "open" period provided for in the parties' negotiated agreement. However, the Respondent failed to process the forms until December 20, 1979, at which time it refunded to the employees their payments retroactive to September 1, 1979 and withheld sufficient funds from a subsequent dues allotment submitted to the Union so as to offset the money refunded to these employees.
The complaint in Case No. 3-CA-1043 alleges that, by the [ v9 p414 ] foregoing conduct, the Respondent interfered with the Union's rights and duties under section 7115 of the Statute 2 in violation of section 7116(a)(1), (5) and (8). 3 The Authority Disagrees. In Department of the Air Force, 3480th Air Base Group, Goodfellow Air Force Base, Texas, 9 FLRA No. 48 (1982), the Authority held that management did not commit an unfair labor practice either by discontinuing dues withholding on behalf of an individual who had been promoted out of the unit or by deducting from a dues allotment check remitted to the union pursuant to the parties' agreement the amount of dues previously withheld from that individual's wages [ v9 p415 ] and submitted to the union after the individual had become a supervisor. Accordingly, for the reasons stated in that decision, the Authority concludes that the section 7116(a)(1), (5) and (8) complaint in Case No. 3-CA-1043 must be dismissed. See also Dugway Proving Grounds, Dugway, Utah, 9 FLRA No. 49 (1982). 4
In Case No. 3-CA-1048, the Respondent notified the Union on October 11, 1979, that an employee, Richard Sheldon, was being removed from union dues withholding because he had become a supervisor. It is conceded that Sheldon was not a supervisor but rather remained a bargaining unit employee at all times material herein, and that he had not executed a revocation of his voluntary authorization for dues withholding. Nevertheless, the Respondent removed Sheldon from dues withholding in or about November 1979, and thereafter has refused to restore Sheldon's dues withholding authorization or to pay the Union an amount equal to the dues that would have been received if Sheldon had not been removed from checkoff.
The complaint in Case No. 3-CA-1048 alleges that, by such conduct, the Respondent interfered with the Union's rights under section 7115 and violated section 7116(a)(1), (5) and (8) of the Statute. The Authority agrees. The Respondent's continued refusal [ v9 p416 ] to honor the employee's voluntary written authorization to have periodic dues deducted from his wages and paid to his exclusive representative constitutes noncompliance with section 7115(a) of the Statute and, therefore, a violation of section 7116(a)(1) and (8). Defense Logistics Agency, 5 FLRA No. 21 (1981). 5 Accordingly, the Authority shall order the Respondent to honor employee Sheldon's dues withholding authorization and to reimburse the Union in an amount equal to the dues that the Union would have received but did not receive as a result of the unlawful refusal to honor Sheldon's valid dues withholding authorization.
(Case No. 3-CA-1048)
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 National Archives and Records Service and National Archives Trust Board, General Services Administration, Washington, D.C., shall:
1. Cease and desist from:
(a) Refusing to comply with the provisions of section 7115 of the Federal Service Labor - Management Relations Statute by refusing to honor a valid written assignment from Richard Sheldon, or any other unit employee, for the payment of regular and periodic dues to American Federation of Government Employees, Local 2578, AFL - CIO, or any other exclusive representative.
(b) Interfering with, restraining, or coercing unit employees by refusing to honor and accept a valid written assignment from Richard Sheldon, or any other unit employee, for the payment of regular and periodic dues to American Federation of Government Employees, Local 2578, AFL - CIO, or any other exclusive representative.
(c) In any like or related manner interfering with, restraining, or coercing any employee in the exercise of any right assured by the Statute. [ v9 p417 ]
2. Take the following affirmative action in order to effectuate the purposes and policies of the Statute:
(a) Reimburse the exclusive representative, American Federation of Government Employees, Local 2578, AFL - CIO, in an amount equal to the regular and periodic dues it would have received from the pay of Richard Sheldon but did not receive as a result of the unlawful refusal to honor his valid written allotment for such purpose.
(b) Commencing with the first pay period after the date of this Order, deduct regular and periodic dues from the pay of Richard Sheldon and remit such dues to the exclusive representative, American Federation of Government Employees, Local 2578, AFL - CIO.
(c) Post at its facilities in Washington, D.C., 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 Archivist of the United States 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 Respondent 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, 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-1043 be, and it hereby is, dismissed.
Issued, Washington, D.C., July 13, 1982
Ronald W. Haughton, Chairman
Henry B. Frazier III, Member
Leon B. Applewhaite, Member
FEDERAL LABOR RELATIONS AUTHORITY [ v9 p418 ]
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 refuse to comply with the provisions of section 7115 of the Federal Service Labor - Management Relations Statute by refusing to honor a valid written assignment from Richard Sheldon, or any other unit employee, for the payment of regular and periodic dues to American Federation of Government Employees, Local 2578, AFL - CIO, or any other exclusive representative.
WE WILL NOT interfere with, restrain, or coerce unit employees by refusing to hon