35:0345(39)CA - - Air Force, Sacramento Air Logistics Center, McClellan AFB, CA and AFGE Local 1857 - - 1990 FLRAdec CA - - v35 p345
[ v35 p345 ]
The decision of the Authority follows:
35 FLRA No. 39
FEDERAL LABOR RELATIONS AUTHORITY
DEPARTMENT OF THE AIR FORCE
SACRAMENTO AIR LOGISTICS CENTER
MCCLELLAN AIR FORCE BASE, CALIFORNIA
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
LOCAL 1857, AFL-CIO
March 30, 1990
Before Chairman McKee and Members Talkin and Armendariz.
I. Statement of the Case
The Administrative Law Judge issued the attached decision in this consolidated proceeding finding that the Respondent had violated section 7116(a)(1) and (5) of the Federal Service Labor-Management Relations Statute (the Statute) by bypassing the Union and holding meetings to present final decisions on disciplinary actions to employees who were being represented by the Union without affording the Union an opportunity to be present at those meetings. The Judge also found that the Respondent's refusal to permit the Union to attend the meetings interfered with employees' rights to designate the Union to represent them throughout such disciplinary proceedings and constituted an independent violation of section 7116(a)(1).
The Judge based his findings and conclusions on the Authority's decision in 438th Base Group (MAC), McGuire Air Force Base, New Jersey, 28 FLRA 1112 (1987) (McGuire Air Force Base), in which the Authority found that the agency violated the Statute when it bypassed the union by dealing directly with a unit employee concerning a disciplinary matter.
The Respondent filed exceptions to the Judge's Decision and the General Counsel filed an opposition to the Respondent's exceptions.
Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Statute, we have reviewed the rulings of the Judge made at the hearing and find that no prejudicial error was committed. We affirm the rulings. Upon consideration of the Judge's Decision and the entire record, we adopt the Judge's findings(1), conclusions(2) and recommended Order as modified below.
In his Order, the Judge recommended that the Respondent be ordered to cease and desist from (1) bypassing the Union and furnishing or delivering disciplinary decisions or other responses only to the disciplined employee, and (2) interfering with employees' rights by furnishing or delivering decisions or other responses involving disciplinary proceedings directly to employees while failing to furnish those decisions or responses to the Union. Because we adopt the Judge's finding that the Respondent violated the Statute by refusing to allow the Union the opportunity to be present during meetings where employees are given final decisions on disciplinary actions, we will modify the Order to address that violation.
Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Federal Service Labor-Management Relations Statute, the Department of the Air Force, Sacramento Air Logistics Center, McClellan Air Force Base, California, shall:
1. Cease and desist from:
(a) Failing and refusing to bargain in good faith with the American Federation of Government Employees, Local 1857, AFL-CIO, the exclusive bargaining representative of its employees, by bypassing designated Union representatives and holding meetings to present final decisions on disciplinary actions to employees represented by the Union without affording the Union the opportunity to be present at those meetings.
(b) In any like or related manner, interfering with, restraining, or coercing its employees in the exercise of rights assured by the Federal Service Labor-Management Relations Statute by holding such meetings while failing to permit the American Federation of Government Employees, Local 1857, AFL-CIO, the designated representative of its employees, the opportunity to attend.
(c) In any like or related manner, interfering with, restraining, or coercing its employees in the exercise of the rights assured them by the Statute.
2. Take the following affirmative action in order to