40:0405(39)CA - - Air Force, 9th Combat Support Group, Beale AFB, CA and AFGE Local 2025 - - 1991 FLRAdec CA - - v40 p405

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40:0405(39)CA
The decision of the Authority follows:


40 FLRA No. 39

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

DEPARTMENT OF THE AIR FORCE

9th COMBAT SUPPORT GROUP

BEALE AIR FORCE BASE, CALIFORNIA

(Respondent)

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 2025, AFL-CIO

(Charging Party/Union)

89-CA-90644

DECISION AND ORDER

April 26, 1991

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.

II. 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 minutes prior to lunch or the end of their shifts in order to wash-up.

(b) Post at all locations on Beale Air Force Base, where unit employees are employed, 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 Commander, Beale Air Force Base, 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, San Francisco Regional Office, 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.

 

NOTICE TO ALL 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 EMPLOYEES THAT:

WE WILL NOT unilaterally change 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.

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

WE WILL 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 lunch break only at the job site and/or forgo 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.

(Agency)

Dated By

(Signature) (Title)

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