41:0339(37)CA - - HHS, SSA, Baltimore, MD and AFGE - - 1991 FLRAdec CA - - v41 p339

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[ v41 p339 ]
41:0339(37)CA
The decision of the Authority follows:


41 FLRA No. 37

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES

SOCIAL SECURITY ADMINISTRATION

BALTIMORE, MARYLAND

(Respondent)

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

AFL-CIO

(Charging Party)

8-CA-00048

8-CA-00077

DECISION AND ORDER

June 25, 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), (5) and (8) of the Federal Service Labor-Management Relations Statute (the Statute) in Case No. 8-CA-00048 by refusing to furnish the Union with requested information under section 7114(b)(4) of the Statute. The Administrative Law Judge further found that the Respondent violated section 7116(a)(1) and (5) in Case No. 8-CA-00077 by refusing to bargain with the Union about the impact and implementation of the relocation of Respondent's Teleservice Center in San Diego, California.

The Respondent filed exceptions only to the decision and order in Case No. 8-CA-00077. 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. We affirm those 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 Rules and Regulations and section 7118 of the Statute, the Department of Health and Human Services, Social Security Administration, Baltimore, Maryland shall:

1. Cease and desist from:

(a) Failing or refusing to furnish the American Federation of Government Employees, AFL-CIO, the exclusive representative of its employees, information that was requested on October 19, 1989, by memorandum, concerning the relocation of the San Diego Teleservice Center and any other information that is reasonably available and necessary and relevant for full and proper discussion, understanding and negotiation of subjects within the scope of collective bargaining.

(b) Failing and refusing to negotiate to the extent of its discretion with American Federation of Government Employees, AFL-CIO, over the impact and implementation of the relocation of the San Diego Teleservice Center.

(c) In any like or related manner, interfere with, restrain, or coerce any employee in the exercise of the rights guaranteed 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) Negotiate with the American Federation of Government Employees, AFL-CIO, concerning the impact and implementation of the relocation of the San Diego Teleservice Center, to the extent it has not already done so.

(b) Upon request, furnish the American Federation of Government Employees, AFL-CIO, the information requested in the October 19, 1989 memorandum concerning the relocation of the San Diego Teleservice Center, to the extent it has not already done so.

(c) Post at its San Diego Teleservice Center, San Diego, California, 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 Manager of the San Diego Teleservice Center and shall be posted and maintained for sixty (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 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, San Francisco Region, 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 fail or refuse to furnish the American Federation of Government Employees, AFL-CIO, the exclusive representative of our employees, information that was requested on October 19, 1989, by memorandum, concerning the relocation of the San Diego Teleservice Center and any other information that is reasonably available and necessary and relevant for full and proper discussion, understanding and negotiation of subjects within the scope of collective bargaining.

WE WILL NOT fail or refuse to negotiate to the extent of our discretion with the American Federation of Government Employees, AFL-CIO, over the impact and implementation of the relocation of the San Diego Teleservice Center.

WE WILL negotiate with the American Federation of Government Employees, AFL-CIO, concerning the impact and implementation of the relocation of the San Diego Teleservice Center, to the extent we have not already done so.

WE WILL upon request, furnish the American Federation of Government Employees, AFL-CIO, the information requested in the October 19, 1989 memorandum concerning the relocation of the San Diego Teleservice Center, to the extent we have not already done so.

(Activity)

Dated: By:

(Signature) (Title)

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 any of its provisions, they may communicate directly with the Regional Director of the Federal Labor Relations Authority, San Francisco Region, whose address is: 901 Market Street, Suite 220, San Francisco, CA 94103, and whose telephone number is: (415) 744-4000.




FOOTNOTES:
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