17:1005(136)CA - Justice, Attorney's Office, Los Angeles, CA and NFFE Local 62 -- 1985 FLRAdec CA
[ v17 p1005 ]
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.