10:0235(45)CA - Army and Air Force Exchange Service (AAFES), Fort Carson, CO and AFGE Local 1345 -- 1982 FLRAdec CA



[ v10 p235 ]
10:0235(45)CA
The decision of the Authority follows:


 10 FLRA No. 45
 
 ARMY AND AIR FORCE EXCHANGE SERVICE (AAFES),
 FORT CARSON, COLORADO
 Respondent
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 1345
 Charging Party
 
                                            Case Nos. 7-CA-780
                                                      7-CA-802
 
                            DECISION AND ORDER
 
    THE ADMINISTRATIVE LAW JUDGE ISSUED THE ATTACHED DECISION IN THE
 ABOVE-ENTITLED PROCEEDING, FINDING THAT THE RESPONDENT HAD NOT ENGAGED
 IN CERTAIN UNFAIR LABOR PRACTICES UNDER SECTION 7116(A)(1) AND (5) OF
 THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE) IN
 CASE NO. 7-CA-802, AND HAD ENGAGED IN CERTAIN UNFAIR LABOR PRACTICES
 UNDER SECTION 7116(A)(1) AND (5) OF THE STATUTE IN CASE NO. 7-CA-780.
 NO EXCEPTIONS WERE FILED BY EITHER PARTY.
 
    PURSUANT TO SECTION 2423.29 OF THE AUTHORITY'S RULES AND REGULATIONS
 AND SECTION 7118 OF 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 IN THE SUBJECT CASE, AND NOTING
 PARTICULARLY THE ABSENCE OF EXCEPTIONS, THE AUTHORITY HEREBY ADOPTS THE
 JUDGE'S FINDINGS, CONCLUSIONS AND RECOMMENDATIONS.
 
                                   ORDER
 
    PURSUANT TO SECTION 2423.29 OF THE RULES AND REGULATIONS OF THE
 AUTHORITY AND SECTION 7118 OF THE STATUTE, THE AUTHORITY HEREBY ORDERS
 THAT THE ARMY AND AIR FORCE EXCHANGE SERVICE (AAFES), FORT CARSON,
 COLORADO SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) INSTITUTING ANY CHANGE IN THE PRACTICE OF APPROVING SICK LEAVE
 FOR LESS THAN THREE DAYS
 
    ALTHOUGH EMPLOYEES HAVE NOT SUBMITTED EXPLANATORY REASONS WITHOUT
 FIRST AFFORDING THE AMERICAN
 
    FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 1345, THE
 EXCLUSIVE REPRESENTATIVE OF ITS
 
    EMPLOYEES, NOTICE AND, UPON REQUEST, AN OPPORTUNITY TO BARGAIN
 CONCERNING SUCH CHANGE.
 
    (B) IN ANY LIKE OR RELATED MANNER INTERFERING WITH, RESTRAINING, OR
 COERCING ITS EMPLOYEES
 
    IN THE EXERCISE OF THEIR RIGHTS ASSURED BY THE STATUTE.
 
    2.  TAKE THE FOLLOWING AFFIRMATIVE ACTION IN ORDER TO EFFECTUATE THE
 PURPOSES AND POLICIES OF THE STATUTE:
 
    (A) RESUME THE PRACTICE OF APPROVING SICK LEAVE REQUESTS FOR LESS
 THAN THREE DAYS WITHOUT REQUIRING EXPLANATORY REASONS.  /1/
 
    (B) POST AT ITS FACILITIES IN FORT CARSON, COLORADO COPIES OF THE
 ATTACHED NOTICE ON FORMS
 
    TO BE FURNISHED BY THE AUTHORITY.  UPON RECEIPT OF SUCH FORMS, THEY
 SHALL BE SIGNED BY THE
 
    GENERAL MANAGER OF THE ARMY AND AIR FORCE EXCHANGE SERVICE, FORT
 CARSON, COLORADO, AND SHALL
 
    BE POSTED AND MAINTAINED BY THIS OFFICIAL FOR 60 CONSECUTIVE DAYS
 THEREAFTER, IN CONSPICUOUS
 
    PLACES, INCLUDING ALL BULLETIN BOARDS AND OTHER PLACES WHERE NOTICES
 ARE CUSTOMARILY
 
    POSTED.  THE OFFICIAL SHALL TAKE 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
 
    FEDERAL LABOR RELATIONS AUTHORITY, ACTING REGIONAL DIRECTOR, REGION
 VII, 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. 7-CA-802 BE, AND
 IT HEREBY IS, DISMISSED.
 
    ISSUED, WASHINGTON, D.C., SEPTEMBER 30, 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 INSTITUTE ANY CHANGE IN THE PRACTICE OF APPROVING SICK
 LEAVE REQUESTS FOR LESS THAN THREE DAYS ALTHOUGH EMPLOYEES HAVE NOT
 SUBMITTED EXPLANATORY REASONS, WITHOUT FIRST AFFORDING THE AMERICAN
 FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 1345, THE EXCLUSIVE
 REPRESENTATIVE OF OUR EMPLOYEES, NOTICE AND, UPON REQUEST, AN
 OPPORTUNITY TO BARGAIN CONCERNING SUCH CHANGE.
 
    WE WILL NOT, IN ANY LIKE OR RELATED MANNER, INTERFERE WITH, RESTRAIN
 OR COERCE OUR EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY THE
 STATUTE.
 
    WE WILL IMMEDIATELY RESUME THE PRACTICE OF APPROVING SICK LEAVE
 REQUESTS FOR LESS THAN THREE DAYS WITHOUT REQUIRING EXPLANATORY REASONS.
 
                           (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
 ACTING REGIONAL DIRECTOR, REGION VII, FEDERAL LABOR RELATIONS AUTHORITY,
 WHOSE ADDRESS IS:  1531 STOUT STREET, SUITE 301, DENVER, CO 80202, AND
 WHOSE TELEPHONE NUMBER IS (816) 374-2199.
 
 
 
 
 
 
 
 
 
 
 -------------------- ALJ$ DECISION FOLLOWS --------------------
 
    LUTHER G. JONES, III, ESQ.
    FOR THE RESPONDENT
  
    KENNETH BULL
    FOR THE CHARGING PARTY
 
    CATHY A. AUBLE, ESQ.
    JAMES J. GONZALES, ESQ.
    FOR THE GENERAL COUNSEL
 
    BEFORE:  ALAN W. HEIFETZ
    ADMINISTRATIVE LAW JUDGE
 
                                 DECISION
 
                           STATEMENT OF THE CASE
 
    THIS PROCEEDING AROSE PURSUANT TO THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE, 5 U.S.C 7101 ET SEQ., AS A RESULT OF
 UNFAIR LABOR PRACTICE CHARGES FILED ON SEPTEMBER 22 AND 26, 1980, WITH
 THE FEDERAL LABOR RELATIONS AUTHORITY.  CONSEQUENTLY, THE REGIONAL
 DIRECTOR, REGION VII OF THE AUTHORITY, ISSUED A NOTICE CONSOLIDATING
 THESE PROCEEDINGS AND COMPLAINTS ALLEGING THAT RESPONDENT VIOLATED
 SECTION 7116(A)(1) AND (5) OF THE STATUTE BY UNILATERALLY CHANGING
 WORKING CONDITIONS WHEN IT REQUIRED (1) THAT EMPLOYEES WHO REQUEST SICK
 LEAVE FOR LESS THAN THREE DAYS GIVE A REASON IN SUPPORT OF THAT REQUEST,
 AND (2) THAT CUSTOMER SERVICE CLERKS, THEMSELVES, PULL CUSTOMER LAYAWAY
 ITEMS FROM THE STOCKROOM.  RESPONDENT DENIES ANY CHANGES IN WORKING
 CONDITIONS AND INSISTS ONLY THAT EXISTING POLICIES WERE REAFFIRMED AT
 THE TIME THE ALLEGED CHANGES TOOK PLACE.
 
    A HEARING WAS HELD ON FEBRUARY 25 AND 26, 1981, IN DENVER, COLORADO.
 ALL PARTIES WERE AFFORDED FULL OPPORTUNITY TO EXAMINE WITNESSES AND TO
 INTRODUCE EVIDENCE.  POST HEARING BRIEFS HAVE BEEN FILED AND CONSIDERED.
  UPON THE ENTIRE RECORD, INCLUDING MY OBSERVATION OF THE WITNESSES AND
 THEIR DEMEANOR, I MAKE THE FOLLOWING FINDINGS, CONCLUSIONS AND
 RECOMMENDATIONS.
 
                             FINDINGS OF FACT
 
    7-CA-780-- SICK LEAVE REQUESTS
 
    ALTHOUGH THE SUBJECT OF SICK LEAVE IS DISCUSSED IN THE PARTIES'
 CONTRACT AND REFERENCED REGULATIONS, NO WHERE IS IT SPECIFIED IN THOSE
 DOCUMENTS THAT REQUESTS FOR LESS THAN THREE DAYS SICK LEAVE MUST BE
 SUPPORTED BY WRITTEN REASONS.  THE ONLY REFERENCE TO THE REASON AN
 EMPLOYEE MIGHT REQUEST SICK LEAVE IS CONTAINED ON AAFES FORM 1400-6
 (REV. DEC. 75).  THAT FORM, ENTITLED "REQUEST FOR LEAVE/MATERNITY
 ABSENCE", CONTAINS BLANKS FOR THE EMPLOYEE'S NAME, SOCIAL SECURITY
 NUMBER, ACTIVITY/BRANCH, TYPE OF LEAVE REQUESTED, PERIOD OF LEAVE AND
 NUMBER OF HOURS REQUIRED, DATE SUBMITTED, AND SIGNATURE.  ALL OF THESE
 BLANKS ARE ROUTINELY FILLED IN BY THE EMPLOYEE.  HOWEVER, ONE OTHER
 BLANK IS ENTITLED "REASON (NOT REQUIRED FOR VACATION LEAVE)".  THE
 DISPUTE IN THIS CASE IS WHETHER EMPLOYEES HAVE BEEN UNDER A CONTINUING
 OBLIGATION TO FILL IN THAT PARTICULAR BLANK.
 
    IRIS MURPHY HAS BEEN EMPLOYED AT THE FORT CARSON EXCHANGE FOR EIGHT
 YEARS.  IN THE FIRST SIX MONTHS OF 1980, SHE HAD OCCASION TO REQUEST
 SICK LEAVE AND TO FILL OUT A FORM 1400-6.  SHE DID NOT FILL IN THE
 "REASON" BOX AND HER REQUEST WAS APPROVED.  /2/ HOWEVER, IN AUGUST OF
 1980, SHE ATTENDED A BRIEF MEETING CALLED BY HER SUPERVISOR AND WAS TOLD
 THAT FROM THAT TIME FORTH, THE "REASON" BLANK HAD TO BE FILLED IN
 WHENEVER SICK LEAVE WAS REQUESTED.  SINCE THAT TIME, SHE HAS SUBMITTED
 SEVERAL REQUESTS FOR LESS THAN THREE DAYS SICK LEAVE AND HAS COMPLETED
 THE "REASON" BLANK AS INSTRUCTED.
 
    MARLENE MOOSMAN IS A VICE PRESIDENT OF THE UNION AND HAS BEEN
 EMPLOYED AT THE FORT CARSON EXCHANGE FOR FOURTEEN YEARS.  PRIOR TO
 AUGUST OF 1980, SHE DID NOT FILL IN THE "REASON" BLANK WHEN REQUESTING
 SICK LEAVE OF LESS THAN THREE DAYS AND HER REQUESTS WERE ALWAYS
 APPROVED.  SHE FIRST HEARD THAT REASONS WERE BEING REQUIRED WHEN SOME
 EMPLOYEES COMPLAINED TO HER IN AUGUST WANTING TO KNOW WHY REASONS WERE
 BEING CALLED FOR WHEN THEY HAD NOT IN THE PAST.  THESE EMPLOYEES TOLD
 HERE THAT THEY THOUGHT SUCH REASONS WERE PERSONAL AND NO ONE ELSE'S
 BUSINESS.  MS. MOOSMAN VERIFIED THE REQUIREMENT OF A STATEMENT OF REASON
 WHEN SHE HAD HER OWN REQUEST FOR SICK LEAVE TURNED DOWN UNTIL SHE
 COMPLETED THE "REASON" BLANK.  AS THE REPRESENTATIVE OF THE UNION AT THE
 FORT CARSON EXCHANGE, SHE WAS NOT NOTIFIED NOR GIVEN AN OPPORTUNITY TO
 BARGAIN OVER THE REQUIREMENT THAT THE "REASON" BLANK BE COMPLETED.
 
    AAFES GENERAL MANAGER STUART W. FOGELMAN, PERSONNEL MANAGER PHILIP
 SCHUNK AND PERSONNEL ASSISTANT DOLA CLARK ALL TESTIFIED ON BEHALF OF
 RESPONDENT THAT NO CHANGE IN POLICY TOOK PLACE, BUT THAT ENFORCEMENT OF
 THE POLICY HAD BECOME LAX AND THAT STRICKER ENFORCEMENT WAS WHAT WAS
 CALLED FOR IN JUNE OF 1980.  MRS. CLARK EXPLAINED THAT THE PROBLEM HAD
 BEEN BROUGHT TO HER ATTENTION BY A PERSONNEL CLERK WHO INFORMED HER THAT
 "AN EXORBITANT AMOUNT" OF REQUESTS CONTAINED NO REASONS.
 
    COUNSEL FOR THE GENERAL COUNSEL INTRODUCED AN EXHIBIT CONTAINING
 APPROXIMATELY 1000 SICK LEAVE REQUESTS OVER THE YEARS 1978, 1979 AND
 1980.  THESE REQUESTS OF RESPONDENT'S EMPLOYEES WHICH HAD BEEN APPROVED
 WITHOUT THE "REASON" BLOCK BEING FILLED IN.  RESPONDENT INTRODUCED ITS
 OWN STUDY /3/ COVERING A PERIOD FROM FEBRUARY 3, 1978 TO NOVEMBER 7,
 1980.  ALTHOUGH THAT STUDY DID NOT PURPORT TO INCLUDE EVERY REQUEST FOR
 SICK LEAVE MADE DURING THAT TIME PERIOD, IT SHOWED THAT OUT OF 2390
 REQUESTS FOR SICK LEAVE, 1004 DID NOT SHOW A REASON FOR THE REQUEST.
 
    7-CA-802 -- RETRIEVAL OF CUSTOMER LAYAWAY ITEMS
 
    AAFES OPERATES A LAYAWAY SERVICE FOR ITS CUSTOMERS WHEREBY THEY MAY
 SELECT AN ITEM, LAY IT AWAY WHILE MAKING MONTHLY PAYMENTS, AND PICK IT
 UP AFTER THE FINAL PAYMENT HAS BEEN MADE.  THE CUSTOMER SERVICE AREA IS
 NEAR THE MAIN ENTRANCE TO THE STORE.  LAYAWAY ITEMS ARE KEPT EITHER AT
 THAT LOCATION OR IN THE STOCKROOM WHICH IS LOCATED ACROSS THE SALES
 FLOOR AT THE OPPOSITE END OF THE STORE.  THE STOCKROOM HAS AN UPPER AND
 LOWER LEVEL.  IN ORDER TO RETRIEVE AN ITEM IN THE SECURED UPPER AREA OF
 THE STOCKROOM, ONE WOULD OBTAIN A KEY AT THE CUSTOMER SERVICE AREA,
 TRAVERSE THE SALES FLOOR, ENTER THE LOWER LEVEL OF THE STOCKROOM AND,
 FINALLY, CLIMB THE STAIRS TO THE UPPER LEVEL.
 
    COUNSEL FOR THE GENERAL COUNSEL PRESENTED TESTIMONY THROUGH TWO
 WITNESSES CONCERNING PROCEDURES FOR LAYAWAY ITEMS.  MS. MOOSMAN WORKS
 ONLY ABOUT TWENTY PERCENT OF HER TIME IN CUSTOMER SERVICE AND HAS HAD
 LIMITED EXPERIENCE WITH THE RETRIEVAL OF LAYAWAYS.  SHE DID TESTIFY THAT
 THREE EMPLOYEES COMPLAINED TO HER IN AUGUST OF 1980 THAT THEY HAD
 RECENTLY BEEN INFORMED THAT THEY WOULD HAVE TO RETRIEVE ALL BUT HEAVY
 AND BULKY LAYAWAYS FROM THE STOCKROOM THEMSELVES RATHER THAN HAVE
 STOCKROOM CLERKS BRING THEM OUT TO THE FRONT OF THE STORE.  MARY MCRAE
 WAS ONE OF THESE EMPLOYEES AND SHE CONFIRMED THAT HER SUPERVISOR TOLD
 HER OF THIS PROCEDURE.  HOWEVER, THE OPERATIONS MANAGER, THE CUSTOMER
 SERVICE SUPERVISOR, AND ANOTHER CUSTOMER SERVICE CLERK, ALL TESTIFIED
 THAT THERE HAD BEEN NO CHANGE IN PROCEDURES AND THAT CUSTOMER SERVICE
 CLERKS WERE ALWAYS UNDER A DUTY TO RETRIEVE LAYAWAYS UNLESS THEY WERE
 HEAVY OR BULKY.  MS. MCELHANNON, THE OPERATIONS MANAGER, DID ACKNOWLEDGE
 THAT PRIOR TO CHRISTMAS, WHEN INVENTORIES WERE BUILDING UP, STOCKROOM
 PERSONNEL WERE COMPLAINING THAT THEY WERE CONTINUOUSLY BEING INTERRUPTED
 BY REQUESTS FROM CUSTOMER SERVICE.  THESE COMPLAINTS LED HER TO ASK THE
 CUSTOMER SERVICE SUPERVISOR TO INFORM THE CUSTOMER SERVICE CLERKS THAT
 THEY WERE "DEVIATING AND THAT THEIR REQUIREMENTS WERE TO GET THEIR OWN
 LAYAWAYS FROM THE STOCKROOM."
 
                        DISCUSSION AND CONCLUSIONS
 
    THERE IS NO DISPUTE IN THIS MATTER THAT AN EMPLOYER MAY NOT
 UNILATERALLY CHANGE WORKING CONDITIONS WITHOUT AFFORDING THE EXCLUSIVE
 REPRESENTATIVE WITH NOTICE AND AN OPPORTUNITY TO BARGAIN OVER THE
 CHANGE.  THE QUESTION PRESENTED IN THESE CASES IS WHETHER PREVIOUSLY
 TOLERATED PRACTICES MATURED INTO WORKING CONDITIONS PRIOR TO
 RESPONDENT'S DECISION STRICTLY TO ENFORCE ITS OFFICIAL POLICY.
 
    WITH REGARD TO SICK LEAVE REQUESTS, I CONCLUDE THAT THE PRACTICES OF
 LEAVING THE "REASON" BLOCK BLANK WHEN REQUESTING SICK LEAVE OF LESS THAN
 THREE DAYS WAS SO WIDESPREAD OVER A CONSIDERABLE PERIOD OF TIME THAT IT
 DID MATURE INTO A WORKING CONDITION AND THAT RESPONDENT WAS OBLIGATED TO
 BARGAIN WITH THE UNION OVER ANY CHANGE IN THAT PRACTICE.  WHEN FORTY TWO
 PERCENT OF LEAVE REQUESTS OVER THREE YEARS DO NOT CONFORM WITH WHAT IS
 SUPPOSED TO BE OFFICIAL POLICY, THAT IS EVIDENCE OF MORE THAN MERE LAX
 ENFORCEMENT;  IT AMOUNTS TO ACQUIESCENCE.  UNDER SUCH CIRCUMSTANCES, AND
 ESPECIALLY WHERE NO SPECIFIC RULE, REGULATION OR CONTRACT PROVISION
 SPEAKS DIRECTLY TO THE NECESSITY OF FILLING IN THAT PARTICULAR BLANK,
 EMPLOYEES MIGHT REASONABLY CONCLUDE THAT THE FORM, LAST REVISED IN 1975,
 HAD BECOME OBSOLETE IN 1980.
 
    AS TO THE RETRIEVAL OF CUSTOMER LAYAWAY ITEMS, I AM CONSTRAINED TO
 FIND THAT THE GENERAL COUNSEL HAS NOT MET ITS BURDEN OF PROOF AND THAT
 THE COMPLAINT SHOULD BE DISMISSED.  WHILE IT IS CLEAR THAT AT SOME POINT
 PRIOR TO AUGUST OF 1980, SOME CUSTOMER SERVICE CLERKS WERE UTILIZING
 STOCKROOM CLERKS TO RETRIEVE LAYAWAY ITEMS, THE RECORD IS NOT SUFFICIENT
 TO MAKE FINDINGS AS TO THE EXTENT OR DURATION OF THAT PRACTICE AND,
 ACCORDINGLY, I AM UNABLE TO CONCLUDE THAT SUCH A PRACTICE MATURED INTO A
 WORKING CONDITION.  THIS CONCLUSION IS BUTRESSED BY RECORD EVIDENCE
 WHICH INDICATES THAT NO CHANGE IN LAYAWAY PROCEDURES EVER OCCURRED.  I
 DO NOT FIND THE EVIDENCE TO BE CONTRADICTORY;  I FIND ONLY THAT CALLING
 ON STOCKROOM PERSONNEL WAS NOT UNIVERSAL AND WAS NOT SHOWN TO BE
 WIDESPREAD.
 
    HAVING FOUND AND CONCLUDED THAT RESPONDENT DID NOT VIOLATE THE
 STATUTE AS ALLEGED IN CASE NO. 7-CA-802, AND THAT RESPONDENT DID VIOLATE
 SECTIONS 7116(A)(1) AND (5) OF THE STATUTE AS ALLEGED IN CASE NO.
 7-CA-780, I RECOMMEND THAT THE FEDERAL LABOR RELATIONS AUTHORITY ISSUE
 THE FOLLOWING ORDER PURSUANT TO 5 CFR 2423.29(C):
 
                                   ORDER
 
    ORDERED, THAT THE COMPLAINT IN CASE NO. 7-CA-802 IS DISMISSED.
 
    FURTHER ORDERED, THAT IN CASE NO. 7-CA-780, THE ARMY AND AIR FORCE
 EXCHANGE SERVICE, FORT CARSON, COLORADO SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) INSTITUTING ANY CHANGE IN THE PRACTICE OF APPROVING SICK LEAVE
 FOR LESS THAN THREE DAYS
 
    ALTHOUGH EMPLOYEES HAVE NOT SUBMITTED WRITTEN REASONS ON AAFES FORM
 1400-6, WITHOUT FIRST
 
    AFFORDING THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO,
 LOCAL 1345, NOTICE AND,
 
    UPON REQUEST, AN OPPORTUNITY TO BARGAIN TO THE FULLEST EXTENT OF THE
 LAW.
 
    (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 EFFECTUATE THE
 PURPOSES AND POLICIES OF THE STATUTE:
 
    (A) RESUME THE PRACTICE OF APPROVING SICK LEAVE REQUESTS FOR LESS
 THAN THREE DAYS WITHOUT
 
    REQUIRING EXPLANATORY REASONS.
 
    (B) POST AT ITS FACILITIES COPIES OF THE ATTACHED NOTICE MARKED
 "APPENDIX" ON FORMS TO BE
 
    FURNISHED BY THE FEDERAL LABOR RELATIONS AUTHORITY.  UPON RECEIPT OF
 SUCH FORMS THEY SHALL BE
 
    SIGNED BY THE GENERAL MANAGER OF THE ARMY AND AIR FORCE EXCHANGE
 SERVICE, FORT CARSON,
 
    COLORADO, AND SHALL BE POSTED AND MAINTAINED FOR 60 CONSECUTIVE DAYS
 THEREAFTER IN CONSPICUOUS
 
    PLACES, INCLUDING ALL BULLETIN BOARDS AND OTHER PLACES WHERE NOTICES
 ARE CUSTOMARILY
 
    POSTED.  REASONABLE STEPS SHALL BE TAKEN TO ENSURE THAT THE NOTICES
 ARE NOT ALTERED, DEFACED
 
    OR COVERED BY ANY OTHER MATERIALS.
 
    (C) 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 WITH THE ORDER.
 
                         ALAN W. HEIFETZ
                         ADMINISTRATIVE LAW JUDGE
 
    DATED:  MAY 11, 1981
    WASHINGTON, DC
 
 
 
                                 APPENDIX
 
                          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 INSTITUTE ANY CHANGE IN THE PRACTICE OF APPROVING SICK
 LEAVE REQUESTS FOR LESS THAN THREE DAYS WITHOUT REQUIRING EXPLANATORY
 REASONS BEFORE FIRST AFFORDING THE AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 1345, NOTICE AND, UPON REQUEST, AN OPPORTUNITY
 TO BARGAIN TO THE FULLEST EXTENT OF THE LAW.
 
    WE WILL NOT, IN ANY LIKE OR RELATED MANNER, INTERFERE WITH, RESTRAIN
 OR COERCE OUR EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY THE
 STATUTE.
 
    WE WILL IMMEDIATELY RESUME THE PRACTICE OF APPROVING SICK LEAVE
 REQUESTS FOR LESS THAN THREE DAYS WITHOUT REQUIRING EXPLANATORY REASONS.
 
                           (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 OF THE FEDERAL LABOR RELATIONS AUTHORITY, REGION VII,
 SUITE 680, CITY CENTER SQUARE, 1100 MAIN STREET, KANSAS CITY, MISSOURI
 64105.
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ SEE DEPARTMENT OF HEALTH AND HUMAN