20:0121(13)CA - DOD, Navy, Washington, DC and NAGE Locals R4-97, R4-103, R4-1 and R4-96 -- 1985 FLRAdec CA



[ v20 p121 ]
20:0121(13)CA
The decision of the Authority follows:


20 FLRA No. 13

DEPARTMENT OF DEFENSE 
DEPARTMENT OF THE NAVY
WASHINGTON, D.C. 
Respondent 

and 

NATIONAL ASSOCIATION OF GOVERNMENT 
EMPLOYEES, LOCALS R4-97, R4-103, 
R4-1 and R4-96 
Charging Party

                                      Case Nos. 4-CA-30150
                                                4-CA-30151
                                                4-CA-30152

                           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 parties' contentions, the
Authority finds:

   The consolidated complaint, as amended, alleges that the Respondent,
Department of Defense, Department of the Navy, violated section
7116(a)(1) and (5) of the Federal Service Labor-Management Relations
Statute (the Statute) /1/ by failing and refusing to bargain with the
National Association of Government Employees (NAGE), Locals R4-1 and
R4-96 over a unilateral change in pay practices by applying to all newly
hired employees a policy of mailing paychecks, leave and earnings
statements to an off-station address or a bank or financial institution.
 It is also alleged that Respondent Navy, by its Naval Mine Warfare
Engineering Activity, violated section 7116(a)(1) and (5) of the Statute
by failing to give NAGE Locals R4-97 and R4-103 notice and an
independent violation of section 7116(a)(1) of the Statute by
interfering with, restraining and coercing its employees in the exercise
of their rights guaranteed by section 7102 of the Statute.

   On or about October 6, 1981, the Respondent issued SECNAV Instruction
7200.17 establishing as a specific policy that civilian pay be
distributed directly to financial institutions or by mail to the
employees for all civilian employees hired after October 1, 1982, and,
where feasible, to discontinue hand delivery of pay, leave and earnings
statements for current civilian personnel located at two of its
activities, the Naval Weapons Station (NWS) and Naval Mine Warfare
Engineering Activity (NMWEA), both located at Yorktown, Virginia.  NAGE
Locals R4-1 and R4-96 are the exclusive representatives of units of
employees at the NWS and NAGE Locals R4-97 and R-103 exclusively
represent units of employees at NMWEA.  /2/ The SECNAV Instruction did
not foreclose bargaining at any subordinate level, as it provided that
such levels should support "to the maximum extent possible within
current labor agreement and resource constraints" the disc