40:0405(39)CA - - Air Force, 9th Combat Support Group, Beale AFB, CA and AFGE Local 2025 - - 1991 FLRAdec CA - - v40 p405
[ v40 p405 ]
The decision of the Authority follows:
40 FLRA No. 39
Before Chairman McKee and Members Talkin and Armendariz.
I. Statement of the Case
The Administrative Law Judge issued the attached decision in the above-entitled proceeding finding that the Respondent violated section 7116(a)(1) and (5) of the Federal Service Labor-Management Relations Statute (the Statute) by unilaterally changing conditions of employment of bargaining unit employees without first notifying the Union and providing it with an opportunity to bargain over the impact and implementation of the changes. The Judge recommended that the Respondent be directed to cease and desist from its unlawful actions and to take certain affirmative action.
The Respondent filed exceptions to the Judge's decision. The General Counsel filed an opposition to the Respondent's exceptions.
The Respondent's exceptions are based on its disagreement with the credibility resolutions on which the Judge's findings and conclusions are based. The demeanor of witnesses is an important factor in resolving issues of credibility. Only the Judge has had the benefit of observing the witnesses while they testified. We will not overrule a judge's determinations regarding the credibility of witnesses unless a clear preponderance of all the relevant evidence demonstrates that the determinations were incorrect. For example, General Services Administration and General Services Administration, Region III, 39 FLRA 446 (1991). We have examined the record carefully and find no basis for reversing the Judge's credibility findings.
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. Consistent with the foregoing discussion, we find that no prejudicial error was committed and we affirm the Judge's rulings.
Upon consideration of the Judge's decision and the entire record, we adopt the Judge's findings, conclusions, and recommended Order.
Pursuant to section 2423.29 of the Authority's Rule and Regulations and section 7118 of the Statute, the Department of the Air Force, 9th Combat Support Group, Beale Air Force Base, California, shall:
1. Cease and desist from:
(a) Unilaterally changing working conditions of bargaining unit employees by: (1) requiring certain employees attached to the Civil Engineering Squadron (CES) to report directly to a job site instead of reporting to their shops located in the CES Compound; (2) requiring certain CES employees to take their lunch breaks at the job site rather than at their respective shops in the CES Compound or other places of their choosing; and (3) denying certain CES employees the opportunity to return to the shops located in the CES Compound 15 minutes prior to lunch or the end of their shifts in order to wash-up.
(b) In any like or related manner interfering with, restraining, or coercing its employees in the exercise of their rights assured them 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) Notify the Union and, upon request, negotiate over the impact and implementation of any intended change which would require the CES employees to report directly to the job site and/or take their break lunch only at the job site and/or forgo the opportunity to return to the shops located in the CES Compound 15 min