15:1032(188)CA - Air Force, Griffiss AFB, Rome, NY and AFGE Local 2612 -- 1984 FLRAdec CA



[ v15 p1032 ]
15:1032(188)CA
The decision of the Authority follows:


 15 FLRA No. 188
 
 DEPARTMENT OF THE AIR FORCE
 GRIFFISS AIR FORCE BASE
 ROME, NEW YORK
 Respondent
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 2612, AFL-CIO
 Charging Party
 
                                            Case Nos. 1-CA-384 
                                                      1-CA-559 
                                                      1-CA-588
 
                      SUPPLEMENTAL DECISION AND ORDER
 
    On June 13, 1983, the Authority issued its Decision and Order in the
 above-entitled proceeding in which it found that the Respondent had not
 violated section 7116(a)(1), (5) and (8) of the Federal Service
 Labor-Management Relations Statute (the Statute) /1/ when, inter alia,
 it set off monies from current union dues allotment payments to correct
 prior erroneous allotments from various employees.  Department of the
 Air Force, Griffiss Air Force Base, Rome, New York, 12 FLRA No. 50
 (1983).
 
    Thereafter, on July 13, 1984, the U.S. Court of Appeals for the
 Second Circuit set aside and remanded the Authority's decision and held
 that the Respondent's recoupment action was inconsistent with its
 responsibility under section 7115 of the Statute /2/ and thereby
 violated section 7116(a)(8) of the Statute.  American Federation of
 Government Employees, Local 2612 v. FLRA, No. 83-4145 (2nd Cir. July 13,
 1984).
 
    The Authority accepts the court's opinion as the law of the case and,
 consistent with that opinion, shall issue the following remedial order:
 
                                   ORDER
 
    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 Department of the Air Force, Griffiss Air Force Base, Rome, New
 York, 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 failing to remit
 the regular and periodic dues deducted from unit employees' salaries to
 their exclusive representative.
 
    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, AFL-CIO, Local 2612, in an amount equal to the
 regular and periodic dues it would have but did not receive as a result
 of the unlawful refusal to honor unit employees' valid written
 assignments for union dues allotments.
 
    (b) Post at its facilities where employees in the bargaining unit are
 located 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 Commanding Officer, or his designee, 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.
 
    (c) Pursuant to section 2423.30 of the Authority's Rules and
 Regulations, notify the Regional Director, Region I, 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 remaining allegations of the
 consolidated complaint be, and they hereby are, dismissed.
 
    Issued, Washington, D.C., August 29, 1984
 
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
 
                          NOTICE TO ALL EMPLOYEES
 
  PURSUANT TO A SUPPLEMENTAL 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:
 
 z   WE WILL NOT refuse to comply with the provisions of section 7115 of
 the Federal Service Labor-Management Relations Statute by failing to
 remit the regular and periodic dues deducted from unit employees'
 salaries to their exclusive representative.
 
    WE WILL reimburse our employees' exclusive representative, American
 Federation of Government Employees, AFL-CIO, Local 2612, in an amount
 equal to the regular and periodic dues it would have but did not receive
 as a result of the unlawful refusal to honor unit employees' valid
 written assignments for union dues allotments.
                                       (Activity)
                                       By:  (Signature) (Title)
 
    Dated:  . . .
 
    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 its provisions, they may communicate directly with the Regional
 Director, Region I, Federal Labor Relations Authority whose address is:
 441 Stuart Street, 9th Floor, Boston, Massachusetts 02116,