21:0335(44)CA - Soldiers' and Airmen's Home, Washington, D. and AFGE, Local 3090 -- 1986 FLRAdec CA
[ v21 p335 ]
The decision of the Authority follows:
21 FLRA No. 44 U.S. SOLIDERS' AND AIRMEN'S HOME WASHINGTON, D.C. Respondent and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 3090, AFL-CIO Charging Party Case No. 3-CA-20561 (15 FLRA No. 26) SUPPLEMENTAL DECISION AND ORDER On June 26, 1984, the Authority issued its Decision and Order in the above-entitled proceeding in which it found that the Respondent had not failed and refused to comply with the provisions of section 7122(b) of the Federal Service Labor-Management Relations Statute /1/ and therefore had not violated section 7116(a)(1) and (8) of the Statute. /2/ U.S. Soldiers' and Airmen's Home, Washington, D.C., 15 FLRA No. 26 (1984). Thereafter, on November 22, 1985, the U.S. Court of Appeals for the District of Columbia Circuit set aside the Authority's Decision and held that the Respondent was required to comply with the terms of an arbitrator's award, notwithstanding that timely exceptions had been filed with the Authority pursuant to section 7122(b) of the Statute, because the Respondent had failed to request a stay of the arbitrator's award as required by section 2429.8 of the Authority's Rules and Regulations (codified in 5 C.F.R. Section 2429.8). American Federation of Government Employees, AFL-CIO, Local 3090 v. FLRA, 777 F.2d 751 (D.C. Cir. 1985). 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 Federal Labor Relations Authority's Rules and Regulations and section 7118 of the Statute, it is hereby ordered that the U.S. Soldiers' and Airmen's Home, Washington, D.C. shall: 1. Cease and desist from: (a) Failing to comply with the provisions of section 7122(b) of the Federal Service Labor-Management Relations Statute by refusing to implement an arbitrator's award notwithstanding that no request for a stay of the arbitration award had been filed pursuant to section 2429.8 of the Authority's Rules and Regulations. (b) 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 Statute: (a) Comply fully with the award of Arbitrator Nicholas H. Zumas dated March 22, 1982, to the extent that such compliance has not been previously effectuated. (b) Post at its facility 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 an appropriate official of the Respondent, and shall be posted and maintained for 60 consecutive days thereafter, in conspicuous places where notices to employees are customarily posted. Reasonable steps shall be taken to ensure 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 III, 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. April 17, 1986. /s/ Jerry L. Calhoun, Chairman /s/ Henry B. Frazier III, Member FEDERAL LABOR RELATIONS AUTHORITY ----------- FOOTNOTES$ ---------- (1) Section 7122(b) provides: Section 7122. Exceptions to arbitral awards . . . . . . . (b) If no exception to an arbitrator'