43:0434(43)CA - - 56th Combat Support Group ( TAC ), MacDill AFB, FL and NFFE Local 153 - - 1991 FLRAdec CA - - v43 p434
[ v43 p434 ]
The decision of the Authority follows:
43 FLRA No. 43
FEDERAL LABOR RELATIONS AUTHORITY
56TH COMBAT SUPPORT GROUP (TAC)
MACDILL AIR FORCE BASE, FLORIDA
NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 153
December 17, 1991
DECISION AND ORDER
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 implementing changes in certain performance plans without providing the Union with notice and an opportunity to bargain over the impact and implementation of the changes. The Respondent filed exceptions to the Judge's decision. The General Counsel did not file 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. On 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 Rules and Regulations and section 7118 of the Federal Service Labor-Management Relations Statute, the 56th Combat Support Group (TAC), MacDill Air Force Base, Florida, shall:
1. Cease and desist from:
(a) Unilaterally implementing new or revised performance plans for sales store checkers in the commissary, without giving prior notice to the National Federation of Federal Employees, Local 153, the exclusive representative of certain of its employees, and affording it an opportunity to bargain over the impact and implementation of the new or revised plans.
(b) In any like or related manner, interfering with, restraining or coercing its employees in the exercise of their rights assured by the Federal Service Labor-Management Relations Statute.
2. Take the following affirmative actions in order to effectuate the purposes and policies of the Federal Service Labor-Management Relations Statute:
(a) Rescind the performance plans for sales store checkers implemented in October 1990, reappraise employees who were evaluated under the new plans by applying the previous plans, and make whole any employee adversely affected by application of the new plans.
(b) Notify and, upon request, negotiate with the National Federation of Federal Employees, Local 153, the exclusive representative of certain of its employees, over the impact and implementation of new or revised performance plans.
(c) Post at its facilities, 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 Commanding Officer, and shall be posted and maintained for 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 of the Atlanta 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 T