41:1268(98)CA - - HHS, SSA, Baltimore, MD and AFGE - - 1991 FLRAdec CA - - v41 p1268

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ALJ's Decision

41 FLRA No. 98

Before Chairman McKee and Members Talkin and Armendariz.

I. Statement of the Case

This unfair labor practice case is before the Authority on exceptions filed by the Respondent to the attached decision of the Administrative Law Judge. The General Counsel filed an opposition to the Respondent's exceptions.

The complaint alleged that the Respondent violated section 7116(a)(1) and (5) of the Federal Service Labor-Management Relations Statute (the Statute) by unilaterally changing working conditions of the employees at its Chula Vista, California Office. In particular, the complaint alleged that the Respondent violated the Statute by relocating the office without first completing bargaining with the Union over the impact and implementation of the change, including the allocation of space and facilities to conduct Union activities. The Judge found that the Respondent committed the unfair labor practice as alleged.

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, the exceptions, and the entire record, we adopt the Judge's findings, conclusions and recommended Order.

We agree with the Judge that the Respondent violated section 7116(a)(1) and (5) of the Statute when it refused to bargain over the impact and implementation of the relocation of its Chula Vista District Office. Specifically, the Respondent refused to enter into impact and implementation bargaining with the Union regarding allocation of space and facilities to conduct Union activities at the new office location. See U.S. Department of Health and Human Services, Social Security Administration, Baltimore, Maryland, 41 FLRA 339 (1991); Internal Revenue Service, Washington, D.C., 39 FLRA 1568 (1991), petition for review filed sub nom. Internal Revenue Service v. FLRA, No. 91-1247 (D.C. Cir. May 24, 1991).

II. Order

Pursuant to section 2423.29 of the Federal Labor Relations 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) Unilaterally changing conditions of employment by relocating its Chula Vista District Office without first bargaining with the American Federation of Government Employees, AFL-CIO, the exclusive representative of its employees, over the impact and implementation of the changes, including the allocation of space and facilities to conduct Union activities.

(b) In any like or related manner interfering with, restraining or coercing its employees in the exercise of the rights assured them by the Federal Servi