17:1005(136)CA - Justice, Attorney's Office, Los Angeles, CA and NFFE Local 62 -- 1985 FLRAdec CA



[ v17 p1005 ]
17:1005(136)CA
The decision of the Authority follows:


 17 FLRA No. 136
 
 DEPARTMENT OF JUSTICE 
 UNITED STATES ATTORNEY'S OFFICE 
 LOS ANGELES, CALIFORNIA 
 Respondent
 
 and 
 
 NATIONAL FEDERATION OF FEDERAL 
 EMPLOYEES, LOCAL 62 
 Charging Party
 
                                            Case No. 8-CA-30518
 
                            DECISION AND ORDER
 
    This matter is before the Authority pursuant to the Regional
 Director's "Order Transferring Case 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, including the stipulation of
 facts, accompanying exhibits, and the contentions of the parties, the
 Authority finds:
 
    The complaint alleges that the Respondent refused to comply with the
 requirements of section 7115(a) of the Federal Service Labor-Management
 Relations Statute (the Statute) /1/ by failing to implement in a timely
 manner the written dues withholding authorizations of certain bargaining
 unit employees and the Union's written request to increase bargaining
 unit employees' dues allotments, thereby violating section 7116(a)(1)
 and (8) of the Statute.  /2/
 
    The Respondent and the Charging Party are parties to a collective
 bargaining agreement which contains a dues withholding provision.  The
 procedures for dues withholding are set forth in a November 24, 1971
 agreement which is incorporated by reference into the collective
 bargaining agreement.  The parties stipulate that this incorporated
 agreement cannot be located.
 
    Three bargaining unit employees signed dues withholding
 authorizations in February 1983.  On or about March 16, 1983, the Union
 submitted the authorizations to Patricia McCormick, the Respondent's
 Employee Development Specialist.  The Union also submitted a written
 request to increase the union dues allotments from $3.00 to $4.00, to be
 effective with the pay period commencing March 27, 1983.  Thereafter,
 Ms. McCormick attempted, on several occasions, to submit the requests to
 the payroll office.  The dues increase request was not implemented by
 the payroll office until the pay period ending on June 25, 1983, and the
 dues withholding authorizations were not implemented until the pay
 period ending on September 17, 1983.
 
    In previous decisions, the Authority has held, pursuant to section
 7115(a) of the Statute, that dues withholding authorizations and dues
 allotment increase requests must be processed expeditiously.
 Unreasonable delay, even if unintentional, was found violative of
 section 7116(a)(1) and (8) of the Statute.  See Department of Health and
 Human Services, Social Security Administration, 13 FLRA 625 (1984) and
 Department of Health and Human Services and Social Security
 Administration, Region IX, San Francisco, California, 12 FLRA 250
 (1983).  The Authority concludes that the three and six month delays,
 respectively, were unreasonable in the circumstances of this case.  /3/
 Thus, the Authority finds that the Respondent failed to comply with the
 requirements of section 7115(a), thereby violating section 7116(a)(1)
 and (8) of the Statute.
 
    Accordingly, having found that the Respondent violated section
 7116(a)(1) and (8) of the Statute, the Authority shall order the
 Respondent to reimburse the Union in an amount equal to the dues the
 Union would have received but for the unlawful failure to timely honor
 the employees' dues withholding authorizations and the Union's request
 to increase the dues allotments.  /4/
 
                                   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 Justice, United States Attorney's Office, Los
 Angeles, California, shall:
 
    1.  Cease and desist from:
 
    (a) Failing to timely honor the written dues withholding
 authorizations of bargaining unit employees, or failing to remit their
 union dues to the National Federation of Federal Employees, Local 62,
 the exclusive representative of the unit employees, as required by the
 provisions of section 7115(a) of the Federal Service Labor-Management
 Relations Statute.
 
    (b) Failing to comply with the provisions of section 7115(a) of the
 Federal Service Labor-Management Relations Statute by failing to
 implement in a timely manner an authorized written request to increase
 unit employees' basic dues allotments.
 
    (c) In any like or related manner interfering with, restraining, or
 coercing its 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) Pay to the National Federation of Federal Employees, Local 62,
 the union dues of Stephen Carlisle, Elenor Clark, and Dongsook Kim Smoot
 for the period March 27, 1983 through September 17, 1983.
 
    (b) Reimburse the National Federation of Federal Employees, Local 62,
 in an amount equal to the regular and periodic dues it would have
 received from the pay period beginning March 27, 1983 to June 25, 1983,
 but did not receive as a result of the unlawful delay in implementing
 the authorized request to increase the unit employees' basic dues
 allotments.
 
    (c) Post at its Los Angeles, California office, 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
 authorized representatives of the Respondent and they shall be posted
 and maintained for 60 consecutive days thereafter, in conspicuous
 places, including all 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 Federal Labor Relations
 Authority's Rules and Regulations, notify the Regional Director, Region
 VIII, 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.  
 
 Issued, Washington, D.C., May 13, 1985.
 
                                       Henry B. Frazier III, Acting
                                       Chairman
                                       William J. McGinnis, Jr., 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 to timely honor the written dues withholding
 authorizations of bargaining unit employees, or fail to remit their
 union dues to the National Federation of Federal Employees, Local 62,
 the exclusive representative of the unit employees, as required by the
 provisions of section 7115(a) of the Federal Service Labor-Management
 Relations Statute.  WE WILL NOT fail to comply with the provisions of
 section 7115(a) of the Federal Service Labor-Management Relations
 Statute by failing to implement in a timely manner an authorized written
 request to increase unit employees' basic dues allotments.  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 Federal Service
 Labor-Management Relations Statute.  WE WILL pay to the National
 Federation of Federal Employees, Local 62, the union dues of Stephen
 Carlisle, Elenor Clark, and Dongsook Kim Smoot for the period March 27,
 1983 through September 17, 1983.  WE WILL reimburse the National
 Federation of Federal Employees, Local 62, in an amount equal to the
 regular and periodic dues it would have received from the pay period
 beginning March 27, 1983 to June 25, 1983, but did not receive as a
 result of the unlawful delay in implementing the authorized request to
 increase the unit employees' basic dues allotments.
                                       (Agency or Activity)
 
 Dated:  . . .  By:  (Signature) (Title) 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 VIII,
 Federal Labor Relations Authority, whose address is:  350 South Figueroa
 Street, 10th Floor, Los Angeles, California 90071, and whose telephone
 number is:  (213) 688-3805.
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ Section 7115(a) provides in pertinent part:
 
          Sec. 7115.  Allotments to representatives
 
          (a) If an agency has received from an employee in an
       appropriate unit a written assignment which authorizes the agency
       to deduct from the pay of the employee amounts for the payment of
       regular and periodic dues of the exclusive representative of the
       unit, the agency shall honor the assignment and make an
       appropriate allotment p