43:0434(43)CA - - 56th Combat Support Group ( TAC ), MacDill AFB, FL and NFFE Local 153 - - 1991 FLRAdec CA - - v43 p434

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[ v43 p434 ]
43:0434(43)CA
The decision of the Authority follows:


43 FLRA No. 43

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

56TH COMBAT SUPPORT GROUP (TAC)

MACDILL AIR FORCE BASE, FLORIDA

(Respondent)

and

NATIONAL FEDERATION OF FEDERAL

EMPLOYEES, LOCAL 153

(Charging Party/Union)

4-CA-10090

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.

II. 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 Federatio