44:0480(40)CA - - HHS, PHS and Centers for Disease Control, Appalachian Laboratory for Occupational Safety and Health and AFGE Local 3430 - - 1992 FLRAdec CA - - v44 p480



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44:0480(40)CA
The decision of the Authority follows:


44 FLRA No. 40

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES

PUBLIC HEALTH SERVICE AND CENTERS FOR DISEASE CONTROL

NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH

APPALACHIAN LABORATORY FOR OCCUPATIONAL SAFETY AND HEALTH

(Respondents)

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 3430, AFL-CIO

(Charging Party/Union)

3-CA-00190

3-CA-00409

3-CA-00410

3-CA-00411

39 FLRA 1306 (1991)

40 FLRA 283 (1991)

43 FLRA 1394 (1992)

ORDER DENYING JOINT MOTION TO REVISE NOTICE TO ALL EMPLOYEES

March 19, 1992

Before Chairman McKee and Members Talkin and Armendariz.

The Authority's final decision and order in the above consolidated cases was issued on March 22, 1991 (39 FLRA 1306). Reconsideration was subsequently denied on April 19, 1991 (40 FLRA 283) and on February 5, 1992 (43 FLRA 1394). In its decision and order the Authority held that Respondent Public Health Service (PHS) violated section 7116(a)(1) and (5) of the Federal Service Labor-Management Relations Statute (Statute), 5 U.S.C. § 7116(a)(1) and (5), by disapproving a provision negotiated between the Appalachian Laboratory for Occupational Safety and Health, National Institute for Occupational Safety and Health (NIOSH) and the Union concerning the designation of smoking areas, which provision was substantially identical to proposals previously found by the Authority to be negotiable; and by directing Respondent Centers for Disease Control (CDC) to disco