44:0394(31)CO - AFGE, LOCAL 3475, AFL-CIO and HUD NEW ORLEANS OFFICE, NEW ORLEANS, LOUISIANA -- 1992 FLRAdec CO



[ v44 p394 ]
44:0394(31)CO
The decision of the Authority follows:


 44 FLRA NO. 31

               AMERICAN FEDERATION OF GOVERNMENT
                EMPLOYEES, LOCAL 3475, AFL-CIO
                       (Respondent/Union)

                              and

          DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
           NEW ORLEANS OFFICE, NEW ORLEANS, LOUISIANA
                    (Charging Party/Agency)

                          96-CO-10004

               ORDER APPROVING FORMAL SETTLEMENT AGREEMENT

                         March 16, 1992

     Before Chairman McKee and Members Talkin and Armendariz.

     On February 13, 1992, after the unfair labor practice
hearing in this case had commenced, the American Federation of
Government Employees, Local 3475, AFL - CIO (the Respondent or
Union), the Department of Housing and Urban Development, New
Orleans Office, New Orleans, Louisiana (the Charging Party or
Agency), and Counsel for the San Francisco Region on behalf of
the General Counsel entered into a settlement stipulation
(Stipulation), approved by the presiding Administrative Law
Judge. The Stipulation, which is subject also to approval by the
Federal Labor Relations Authority, provides for the entry of a
consent order by the Authority and a consent judgment by any
appropriate United States Court of Appeals. The parties waived
all further and other proceedings before the Authority to which
they may be entitled under the Federal Service - Labor Management
Relations Statute and the Rules and Regulations of the Authority.
The Respondent waived its right to contest the entry of a consent
judgment and to receive notice of the filing of an application
for the entry of such decree.

     The Stipulation is hereby approved and made a part of the
record in this case, and the proceeding is hereby transferred
to and continued before the Authority in Washington, D.C.,
for the entry of an Order pursuant to the provisions of the
subject Stipulation. Upon the entire record in this case,
including the Stipulation, the Authority finds:

     1. American Federation of Government Employees, Local 3475,
AFL - CIO, the Respondent, is now and has been at all times
material to this case, a labor organization within the meaning of
section 7103(a)(4) of the Statute.

     2. Department of Housing and Urban Development, New Orleans
Office, New Orleans, Louisiana, the Charging Party, is now and
has been at all times material to this case, an agency within the
meaning of section 7103(a)(3) of the Statute.

                              ORDER

     Based upon the above findings, the Stipulation, and the
entire record in the proceedings, and pursuant to section
7105(a)(2)(G) of the Federal Service Labor - Management Relations
Statute, the Authority hereby orders that the Respondent,
American Federation of Government Employees, Local 3475, AFL -
CIO, shall:

     1. Cease and desist from:

     (a) Failing and refusing to bargain in good faith with the
Department of Housing and Urban Development, New Orleans Office
(HUD), including compliance with the ground rules in Article 5 of
the National Agreement, concerning the impact and implementation
of revisions in the performance elements and standards (EPPES)
for certain employees in the Housing Management Division, or
concerning any other changes in working conditions proposed by
HUD affecting bargaining unit employees.

     2. Take the following affirmative action in order to
effectuate the purposes and policies of the Statute:

     (a) Post at its local business office and its normal meeting
places, including all places where notices to members and to HUD
employees are customarily posted, copies of the attached Notice,
on forms to be furnished by the Regional Director of the San
Francisco Region, Federal Labor Relations Authority. Upon
receipt, such forms shall be signed and dated by the President,
American Federation of Government Employees, Local 3475, AFL -
CIO, and shall be posted and maintained for 60
consecutive days thereafter, in conspicuous places, including
bulletin boards and all other places where notices to members and
other employees are customarily posted. Respondent's President
shall take reasonable steps to insure that such Notices are not
altered, defaced, or covered with any other material.

     (b) Submit signed copies of such Notice to the Regional
Director of the San Francisco Region, Federal Labor Relations
Authority, who will forward them to HUD for posting in
conspicuous places where the unit employees involved herein are
located for a period of 60 consecutive days from the date of the
posting.

     (c) Notify the Regional Director of the San Francisco
Region, Federal Labor Relations Authority, in writing, within
thirty (30) days from the date of this Order, as to what steps
have been taken to comply. 



          NOTICE TO ALL MEMBERS AND OTHER 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 MEMBERS AND OTHER EMPLOYEES THAT:

WE WILL NOT fail or refuse to bargain in good faith with the
Department of Housing and Urban Development, New Orleans Office
(HUD), including compliance with the ground rules in Article 5 of
the National Agreement, concerning the impact and implementation
of revisions in the performance elements and standards (EPPES)
for certain employees in the Housing Management Divisi