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
 Charging Party
                                            Case No. 3-CA-20561
                                             (15 FLRA No. 26)
    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:
    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'