28:0988(129)CO - AFGE Local 916 and DOD, Air Force, Air Force Logistics Command, Oklahoma City Air Logistics Center, Tinker AFB, Oklahoma City, OK and Donna M. De Giusti -- 1987 FLRAdec CO



[ v28 p988 ]
28:0988(129)CO
The decision of the Authority follows:


28 FLRA No. 129

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 916, AFL-CIO

                    Respondent

          and

UNITED STATES DEPARTMENT OF DEFENSE
DEPARTMENT OF THE AIR FORCE
AIR FORCE LOGISTICS COMMAND
OKLAHOMA CITY AIR LOGISTICS CENTER
TINKER AIR FORCE BASE
OKLAHOMA CITY, OKLAHOMA

                    Party to the Contract

          and

DONNA M. DE GIUSTI

                    Charging Party

Case No. 6-CO-60015

DECISION AND ORDER

The Administrative Law Judge issued the attached decision in the above-entitled proceeding, finding that the Respondent had engaged in the unfair labor practices alleged in the complaint and recommending that the Respondent be ordered to take appropriate remedial action. The Respondent filed exceptions to the Judge's decision and the General Counsel filed an opposition to the Respondent's exceptions. 1

Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Federal Service Labor - Management Relations Statute (the Statute), we have [PAGE] reviewed the rulings of the Judge made at the hearing and find that no prejudicial error was committed. The rulings are hereby affirmed. Upon consideration of the Judge's decision, the exceptions, and the entire record, we adopt the Judge's findings, conclusions, and recommended Order as modified.

ORDER

Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Federal Service Labor - Management Relations Statute, the American Federation of Government Employees, Local 916, AFL - CIO, shall:

1. Cease and desist from:

(a) Creating the impression that nonmember unit employees seeking representation by the American Federation of Government Employees, Local 916, AFL - CIO, the employees' exclusive representative, would be required to sign a dues deduction authorization form (Standard Form 1187) as a precondition to receiving such representation.

(b) Interfering with, restraining, or coercing unit employees in the exercise of their right to join or to refrain from joining, the American Federation of Government Employees, Local 916, AFL - CIO, or any other labor organization, freely and without fear of penalty or reprisal.

(c) In any like or related manner, interfering with, restraining, or coercing unit employees in the exercise of their rights assured by the Statute. [ v28 p2 ]

2. Take the following affirmative action in order to effectuate the purposes and policies of the Federal Service Labor - Management Relations Statute:

(a) Provide clear notice to all nonmember unit employees seeking representation by the American Federation of Government Employees, Local 916, AFL - CIO, the employees' exclusive representative, that they are not required to sign a dues deduction authorization form (Standard Form 1187) as a precondition to receiving representation.

(b) Offer employee Donna M. De Giusti 60 days from the date of this Order in which to resign from the American Federation of Government Employees, Local 916, AFL - CIO, by submitting a Standard Form 1188, Revocation of Dues Authorization Form, or by whatever other procedures that should apply, and reimburse her for any dues or fees paid by her or deducted from her pay since February 22, 1986, if she chooses to resign, or has already resigned, from membership in the Union.

(c) Post at its local business office, at its normal meeting places, and at all other places where notices to members and to employees of United States Department of Defense, Department of the Air Force, Air Force Logistics Command, Oklahoma City Air Logistics Center, Tinker Air Force Base, Oklahoma City, Oklahoma, are customarily posted, 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 the President of the American Federation of Government Employees, Local 916, AFL - CIO, and shall be posted and maintained for 60 consecutive days thereafter, in conspicuous places, including all places where notices to members and other employees are customarily posted. Reasonable steps shall be taken by the American Federation of Government Employees, Local 916, AFL - CIO, to ensure that such Notices are not altered, defaced, or covered by any other material.

(d) Submit appropriate signed copies of such Notice to the Commanding Officer of the Air Force Logistics Command, Tinker Air Force Base, for posting in conspicuous places where unit employees represented by the American Federation of Government Employees, Local 916, AFL - CIO, are located. Copies of the Notice should be maintained for a period of 60 consecutive days from the date of posting. [ v28 p3 ]

(e) Pursuant to section 2423.30 of the Authority's Rules and Regulations, notify the Regional Director, Region VI, Federal Labor Relations Authority, in writing, within 30 days from the date of this Order, as to what steps have been taken to comply.

Issued, Washington, D.C., September 16, 1987.

Jerry L. Calhoun, Chairman

Henry B. Frazier III, Member

Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY [ v28 p4 ]

          NOTICE TO ALL MEMBERS AND OTHER EMPLOYEES
     AS ORDERED BY THE FEDERAL LABOR RELATIONS AUTHORITY
            AND TO EFFECTUATE THE POLICIES OF THE
      FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE
       WE NOTIFY OUR MEMBERS AND OTHER EMPLOYEES THAT:

WE WILL NOT create the impression that nonmember unit employees seeking our representation are required to sign a dues deduction authorization form (Standard Form 1187) as a precondition to receiving such representation.

WE WILL NOT interfere with, restrain, or coerce unit employees in the exercise of their right to join or to refrain from joining, the American Federation of Government Employees, Local 916, AFL - CIO, or any other labor organization freely and without fear of penalty or reprisal.

WE WILL NOT in any like or related manner, interfere with, restrain, or coerce unit employees in the exercise of their rights assured by the Statute.

WE WILL provide clear notice to all nonmember unit employees seeking our representation that they are not required to sign a dues deduction authorization form (Standard Form 1187) as a precondition to receiving representation.

WE WILL offer Donna M. De Giusti 60 days from the date of the Order in this case in which to resign from the American Federation of Government Employees, Local 916, AFL - CIO, by submitting a Standard Form 1188, Revocation of Dues Authorization Form, or by whatever other procedures that should apply, and reimburse her for any dues or fees paid by her or deducted from her pay since February 22, 1986, if she chooses to resign, or has already resigned, from membership in the Union.

                             _____________________________
                                    (Union)

Dated:_________________  By: _____________________________
                               (Signature)       (Title)

[PAGE]

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 VI, Federal Labor Relations Authority, whose address is: Federal Office Building, 525 Griffin Street, Suite 926, Dallas, TX 75202, and whose telephone number is: (214) 767-4996. [ v28 p2 ]

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
LOCAL 916, AFL-CIO

         Respondent

    and

UNITED STATES DEPARTMENT OF
DEFENSE, DEPARTMENT OF THE
AIR FORCE, AIR FORCE
LOGISTICS COMMAND,
OKLAHOMA CITY AIR
LOGISTICS CENTER,
TINKER AIR FORCE BASE,
OKLAHOMA CITY, OKLAHOMA

         Party to the Contract

    and

DONNA M. De Giusti

         Charging Party

Case No. 6-CO-60015

Steven M. Angel, Esq.
of Hughes & Nelson, Esqs.
    For the Respondent

Donna M. De Giusti
    Pro Se

Christopher J. Ivits, Esq.
    For the General Counsel, FLRA

Before:  SAMUEL A. CHAITOVITZ
         Administrative Law Judge

DECISION

Statement of the Case

This is a proceeding under the Federal Service Labor - Management Relations Statute, Chapter 71 of Title 5 of the [PAGE] U.S. Code, 5 U.S.C. Section 7101, et. seq., 92 Stat. 1191 (hereinafter referred to as the Statute) and the Rules and Regulations of the Federal Labor Relations Authority (FLRA), 5 C.F.R. Chapter VIX, Section 2410, et. seq.

Pursuant to a charge filed on February 13, 1986 and amended on April 21, 1986, by Donna M. De Giusti, an individual, against American Federation of Government Employees, Local 916, AFL - CIO, (hereinafter called AFGE Local 916, or the Union), the General Counsel of the FLRA, by the Regional Director of Region VI, issued a Complaint and Notice of Hearing alleging that AFGE Local 916 violated Section 7116(b)(1) of the Statute by making statements to bargaining unit employees which conditioned representation and the quality of representation in processing grievances under the collective bargaining agreement on membership in AFGE Local 916 and further violated Section 711(b)(1) by causing De Giusti to apply for membership in AFGE 2 and AFGE Local 916 and to execute a Request for Payroll Deduction for Labor Organization Dues. AFGE Local 916 filed an Answer denying it had violated the Statute.

A hearing was conducted before the undersigned in Oklahoma City, Oklahoma. AFGE Local 916, De Giusti, and General Counsel for the FLRA were represented and afforded full opportunity to be heard, to examine and cross-examine witnesses, to introduce evidence and to argue orally. Briefs have been filed and have been fully considered.

Based upon the entire record in this matter and my observation of the witnesses and their demeanor, I make the following:

Findings of Fact

At all times material, AFGE Local 916 has been the agent of AFGE at Tinker Air Force Base for the purposes of representation of employees collective bargaining and administration of any collective bargaining agreement. As such, AFGE Local 916 represents all civilian employees served by the Civilian Personnel Office working at Tinker Air Force Base, OC-ALC, and the Oklahoma City Air Force Station, excluding certain personnel not herein relevant.

Donna M. De Giusti, has been employed at Tinker Air Force Base for 7-1/2 years. For the last 4-1/2 years, she [ v28 p2 ] has held the position of Instrument Mechanic in the Electrical Accessories Unit (MATPFE). She is an employee who belongs to the unit represented by the Union. Prior to January 22, 1986, De Giusti was not and never had been a member of AFGE Local 916.

On January 22, 1986, De Giusti met with Mary Slayton, a Field Control Mechanic, who worked in the same general area as De Giusti. De Giusti met with Slayton because De Giusti knew Slayton had been a Union Steward and De Giusti felt she needed help with work-related problems. During this meeting, Slayton informed De Giusti that she was not a Steward, but introduced her to Danny Lynes who was an AFGE Local 916 Steward. The three arranged to meet later on break time.

At break time that same date, De Giusti, Slayton and Steward Lynes met. De Giusti explained her problem and Lynes, after listening, declared that De Giusti was "definitely grieved" because De Giusti's supervisor's action "is a bunch of bull." Lynes asked De Giusti if she was a Union member. She responded, "No." Lynes then told De Giusti that "we have a problem"; that he "would love to take the case" because "he would love to burn Ms. Dougherty (De Giusti's supervisor)." He told De Giusti "since you are not a union member, I cannot represent you." He indicated that had she been a member of the AFGE Local 916, he could get special permission to represent her, but as she was not a member there was no way he could represent her at all. He did indicate that there might be some other Stewards who would take her case, but they could not help her and that they worked for management. Moreover, he told De Giusti that unless she was a Union member, they would not give her good representation or help her at all. Further, he said "I would not want to help anyone that was not a union member."

Toward the end of the meeting, Lynes asked De Giusti, "Do you want my help." De Giusti responded, "Yes, I need help." He told her to write down her name, address, phone number, social security number, and routing symbol, and give it to Slayton. He also told De Giusti to keep quite about her joining the Union until all the paperwork had been processed and she was actually a member, then she could file a grievance.

Later that day, De Giusti provided to Slayton the information Lynes told her to provide to Slayton. After work, Slayton met with De Giusti and had De Giusti sign a Request and Authorization for Voluntary Allotment of Compensation for Payment of Employee Organization Dues, otherwise known as a Standard Form 1187. [ v28 p3 ]

The only reason De Giusti joined the Union was she felt that was the only way she could get help was if she were to join the Union. She didn't feel she had any choice. Starting with the pay period which ended February 22, 1986, $10.83 in union dues were taken out of De Giusti's salary every two-week pay period. Such dues are currently being taken out of De Giusti's salary.

On January 24, 1986, two days after De Giusti's initial meeting with Lynes and Slayton, De Giusti was informed by Lynes and Slayton that Lynes had been dismissed as a Steward. However, both advised De Giusti that they would continue to work on her behalf.

During this time period, a friend of De Giusti's sister, Margaret Jarvis, informed De Giusti that what Lynes had done was wrong. Jarvis told De Giusti that she did not have to join the Union and that she should not have been told to join the Union. Jarvis advised De Giusti to go to the Labor Relations Office to determine if the Labor Relations Office could stop her paperwork from being processed.

On January 30, 1986, De Giusti did go to the Labor Relations Office with Jarvis. At the office, De Giusti was informed that the agency did not have her SF 1187. She was advised to go to AFGE Local 916 and see what it would do about her situation. The Labor Relations Office also provided De Giusti with a Cancellation of Payroll Deductions for Labor Organization Dues Form SF 1188.

De Giusti filled out the SF 1188 on January 30, 1986 and took it to AFGE Local 916's union hall. At the hall, De Giusti spoke with a receptionist and gave her the SF 1188. The receptionist told De Giusti that she could not cancel her membership for a year and that De Giusti's paperwork on Form 1187 had already been processed and sent to the Labor Relations Office. While De Giusti was discussing her situation with the receptionist, Mike Kelly, a Division Steward for AFGE Local 916, overheard the conversation and invited De Giusti to his office.

In Kelly's office, De Giusti explained how she had been persuaded to join the Union and how she wanted to cancel her membership. Kelly, who appeared sympathetic, indicated that he would speak to Jim Holloway, AFGE Local 916 President, and see what he could do about the situation. Kelly also asked De Giusti to submit to him a statement describing what had occurred with Lynes.

That afternoon De Giusti submitted the statement to Kelly. Kelly told De Giusti he would get back to her after [ v28 p4 ] speaking with Holloway that evening. After two or three days of waiting for Kelly's call, De Giusti called Kelly and Kelly informed her that he had spoken to Holloway and that he was sorry but she had joined the Union and would have to be a member for a year. Further, Kelly indicated that it would not do De Giusti any good to submit the Form 1188 as the Union would not accept it.

AFGE Local 916 and Tinker Air Force Base had an arrangement whereby an employee who wished to file a grievance went to his supervisor, who in turn referred the employee to the Steward for that employee's work organization. If that Steward was unavailable, the employee was represented by a Steward for the next higher work organization. Lynes was not the Steward in De Giusti's work organization nor was he the Steward at the next higher level. He was apparently the Steward in a different work organization. The Union can, however, designate any Steward to represent an employee in any work organization. Steward lists were posted on the Union bulletin boards. The record fails to establish whether these lists indicated any limitation on which stewards could represent which employees or that the employees were in any way advised as to any limitation concerning which stewards could represent which employees.

Steward Lynes and all other Stewards were authorized to seek and solicit Union membership among all employees at Tinker Air Force Base, regardless of the employees' or stewards' work organizations.

Discussion and Conclusions of Law

Section 7116(b)(1) of the Statute provides:

(b) For the purpose of this chapter, it shall be an unfair labor practice for a labor organization--

(1) to interfere with, restrain, or coerce any employee in the exercise by the employee of any right under this chapter;

Section 7102 of the Statute provides:

Each employee shall have the right to form, join, or assist any labor organization [ v28 p5 ] or to refrain from any such activity, freely and without fear of penalty or reprisal, and each employee shall be protected in the exercise of such right. . . .

The Statute provides employees with the right to refrain from joining a labor organization, freely and without fear of reprisal. The FLRA has consistently held that when a labor organization attempts to coerce or intimidate an employee and does coerce or intimidate an employee, into joining its organization, that labor organization violates Section 7116(b)(1). Tidewater Virginia Federal Employees Metal Trades Council/International Association of Machinists, Local No. 441, 8 FLRA 217 (1982); American Federation of Government Employees, Local 1778, AFL - CIO, 10 FLRA 346 (1982); Federal Employees Metal Trades Council, AFL - CIO, and International Association of Bridge, Structural and Ornamental Iron Workers, Local 745, AFL - CIO, 12 FLRA 276 (1983).

In Tidewater Virginia Federal Employees Metal Trades Council International Association of Machinists, Local No, 441, supra, the FLRA adopted the Administrative Law Judge's conclusions that when a union's leadership indirectly but clearly indicated to a non-union member employee that the employee would get "the sorriest God - Damn representation you ever had" and the employee would be "better off" if he joined the union, the union violated Section 7116(b)(1) of the Statute.

In American Federation of Government Employees, Local 1778, AFL - CIO, supra, the FLRA found that a labor organization violated Section 7116(b) (1) of the Statute by failing to comply with its obligation to represent the interest of all its bargaining unit employees without regard to labor organization membership when it appeared to require membership before the union would represent the employees. Specifically, in that case, the union's representative, on a number of occasions, told employees that they would have to decide whether they wanted to join the union before the union could help them. The FLRA held that the union, by creating the impression that non-members seeking the union's assistance might be denied representation if they did not agree to become members, interfered with, restrained and coerced non-member employees in the exercise of their right to join or refrain from joining, freely and without fear of penalty or reprisal, the union. [ v28 p6 ]

Similarly, in Federal Employees Metal Trades Council, AFL - CIO, and International Association of Bridge, Structural and Ornamental Iron Workers, Local 745, AFL - CIO, supra, the FLRA adopted the Administrative Law Judge's conclusion that the union violated Section 7116(b)(1) of the Statute when it informed a non-member employee that the local had voted against taking his case to arbitration because of his non-membership in the local. The Judge found that the statement had been untrue in the sense that while the local had voted against taking the non-member's grievance to arbitration, it did so without regard to the employee's membership or non-membership in the union. The statement, however, regardless of its truth or falsity, was in and of itself coercive in nature and infringed on the non-member employee's Section 7102 rights.

In National Treasury Employees Union and NTEU Chapter 229, 22 FLRA 214 (1986), reversed, 800 F.2d 1165 (D.C. Cir., 1987), the FLRA held, in reference to a union memorandum that conditioned legal advice and assistance before the MSPB on union membership, that ". . . the statement constituted a violation of section 7116(b)(1) of the Statute because the clear implication that nonmember unit employees would not receive the same level of assistance or standard of representation from the Respondent as members reasonably tended to interfere with the protected right of employees under section 7102 of the Statute to refrain from joining a labor organization." At pages 216-217. 3

Union Steward Lynes' statements to De Giusti clearly indicated that De Giusti would not receive the same level of assistance of representation in her grievance from AFGE Local 916 as members of AFGE Local 916 unless she joined the Union. Lynes' statements unmistakably implied that De Giusti would receive better representation in her grievance from AFGE Local 916 if she joined the Union. As a result of these statements and in order to receive good representation from the Union in her grievance, De Giusti joined the Union and executed a dues check-off form.

These statements made by Union Steward Lynes to De Giusti violated section 7116(b)(1) of the Statute because [ v28 p7 ] they clearly created the impression to De Giusti that she would be better represented by the Union, in her grievance, if she joined the Union, and thus the Union's representative interfered with, restrained or coerced an employee in the exercise of her right to join or refrain from joining the Union without fear of penalty of reprisal.

AFGE Local 916 contends that it did not violate the Statute because, in effect, Steward Lynes' statements could not be attributed to AFGE Local 916. The Union relies on the facts that Lynes, as a Steward, knew he could not represent De Giusti and that the Union's policy was that membership in the Union was not required for an employee to be represented by the Union. -AFGE Local 916 contends it should not be held liable for statements that were untrue and which Lynes was not authorized to make. This contention however is rejected. Lynes was a Union Steward who was authorized to represent and speak for the Union; he was an agent of AFGE Local 916. Although Lynes made statements that were ultra vires, the employee had no way of knowing that Lynes' statement did not reflect the Union's position. Further Lynes' Steward duties included soliciting union membership throughout the Air Force Base. Thus in the absence of any specific and public reservation by Union that it was not to be bound by Lynes' statements while soliciting union membership, I conclude that De Giusti and other employees could reasonably have relied on Lynes' statements, and that he was speaking for the Union. Accordingly, I conclude that AFGE Local 916 was responsible for Lynes' statements and any action that employees may have taken in reliance upon such statements.

AFGE Local 916 contends further that it should not be responsible for Lynes' statements to De Giusti because Lynes was not the Union Steward assigned to De Giusti's work organizational unit and therefore could and would not have represented her in processing the grievance. First this was apparently, primarily, an arrangement between management and the Union. The normal procedure was that an employee who wished to file a grievance would go to his own supervisor who in turn would refer the employee to the appropriate Steward for that work organizational unit. Lists of Stewards were also posted on Union bulletin boards. The record does not establish that individual employees knew or understood the limitations on which precise Stewards could represent which employees. The Union's argument, however, misses the point. Lynes was a Steward appointed by AFGE [ v28 p8 ] Local 916 to represent it, speak for it and to solicit membership on behalf of the Union among all the employees. Thus the employees could reasonably rely that Lynes was speaking for the Union and the Union was responsible for Lynes' statements.

Further, almost immediately De Giusti advised Union Branch Steward Mike Kelly that she wished to revoke her check-off and she explained what had occurred. AFGE Local 916 refused to assist De Giusti in revoking the check-off authorization, which De Giusti had executed because she had relied on Lynes' statements. 4 Thus the Union was, by its action, ratifying Lynes' statements and it chose to continue to receive benefits because of Lynes' statements.

Having concluded that AFGE Local 916 violated section 7116(b)(1) of the Statute by creating the impression that De Giusti had to join the Union and sign a dues check-off authorization in order to receive Union representation in a grievance, an effective remedy must include permitting De Giusti to resign from the Union and to be reimbursed for dues already withheld.

Having found that AFGE Local 916 violated section 7116(b)(1) of the Statute, it is recommended that the Authority issue the following:

ORDER

Pursuant to section 2423.29 of the Federal Labor Relations Authority's Rules and Regulations and section 7118 of the Federal Service Labor - Management Relations Statute, the Authority hereby orders that the American Federation of Government Employees, Local 916, AFL - CIO, shall:

1. Cease and desist from:

(a) Creating the impression that nonmember unit employees seeking [ v28 p9 ] representation by the American Federation of Government Employees, Local 916, AFL - CIO, the employees' exclusive representative, would be required to sign a dues deduction authorization form (Standard Form 1187) as a precondition to receiving such representation as is provided to unit employees who are members of the Union.

(b) Interfering with, restraining, or coercing unit employees in the exercise of their right to join or to refrain from joining, the American Federation of Government Employees, Local 916, AFL - CIO, or any other labor organization, freely and without fear of penalty or reprisal.

(c) In any like or related manner interfering with, restraining or coercing unit 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) Provide clear notice to all nonmember unit employees seeking representation by the American Federation of Government Employees, Local 916, AFL - CIO, the employees' exclusive representative, that they are not required to sign a dues deduction authorization form (Standard Form 1187) as a precondition to receiving representation.

(b) Offer employee Donna M. De Giusti sixty days from the date of this Order in which to resign from the American Federation of Government Employees, Local 916, AFL - CIO, by submitting a Standard Form 1188, Revocation of Dues Authorization Form, and reimburse such employee for any dues [ v28 p10 ] and fees paid by or deducted from her pay since February 22, 1986, if she chooses to resign, or has already resigned, from membership in the Union.

(c) Post at its local business office, at its normal meeting places, and at places where notices to members and to employees of United States Department of Defense, Department of the Air Force, Air Force Logistics Command, Oklahoma City Air Logistics Center, Tinker Air Force Base, Oklahoma City, Oklahoma, are customarily posted, including facilities provided by the Activity to the American Federation of Government Employees, Local 916, AFL - CIO, 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 the President of the American Federation of Government Employees, Local 916, AFL - CIO, and 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 American Federation of Government Employees, Local 916, AFL - CIO, to ensure that such Notices are not altered, defaced, or covered by any other material.

(d) Pursuant to section 2423.30 of the Authority's Rules and Regulations, notify the Regional Director, Region VI, 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.

SAMUEL A. CHAITOVITZ
Administrative Law Judge

Dated:  May 28, 1987
        Washington, D.C.

[ v28 p11 ]

                 NOTICE TO ALL MEMBERS AND EMPLOYEES
                       POSTED BY ORDER OF THE
                  FEDERAL LABOR RELATIONS AUTHORITY
              AN AGENCY OF THE UNITED STATES GOVERNMENT

We have been found by the Federal Labor Relations Authority to have committed an unfair labor practice. We have been ordered to post this Notice and abide by its provisions.

WE WILL NOT create the impression that nonmember unit employees seeking our representation are required to sign a dues deduction authorization form (Standard Form 1187) as a precondition to receiving such representation as is provided to unit employees who are members of the Union.

WE WILL NOT interfere with, restrain, or coerce unit employees in the exercise of their right to join or to refrain from joining, the American Federation of Government Employees, Local 916, AFL - CIO, or any other labor organization freely and without fear of penalty or reprisal.

WE WILL NOT in any like or related manner interfere with, restrain or coerce unit employees in the exercise of their rights assured by the Federal Service Labor - Management Relations Statute.

WE WILL provide clear notice to all nonmember unit employees seeking our representation of their interests that they are not required to sign a dues deduction authorization form (standard Form 1187) as a precondition to receiving representation as is provided to unit employees who are members of the Union.

WE WILL offer Donna M. De Giusti sixty da