44:0599(50)CA - - DLA, Defense Industrial Plant Equipment Center, Memphis, TN and AFGE Local 3986 - - 1992 FLRAdec CA - - v44 p599

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[ v44 p599 ]
44:0599(50)CA
The decision of the Authority follows:


44 FLRA No. 50

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

DEFENSE LOGISTICS AGENCY

DEFENSE INDUSTRIAL PLANT EQUIPMENT CENTER

MEMPHIS, TENNESSEE

(Respondent)

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 3986

(Charging Party/Union)

4-CA-00870

DECISION AND ORDER

March 26, 1992

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 terminating a compressed work schedule (CWS) for certain of its employees without bargaining with the Union over the substance and/or impact and implementation of that action. The Judge found that the Respondent violated the Statute by refusing to bargain over the substance of its decision to terminate CWS and recommended that a status quo ante remedy be ordered.

The Judge found that the CWS program was established at a time when the bargaining unit employees were unrepresented and was terminated after the Union had been certified as the employees' exclusive representative. The Judge concluded that because the CWS program was an established condition of employment for bargaining unit employees at the time the Respondent terminated the program, the Respondent was required to bargain with the Union over the Respondent's decision to terminate the CWS program. In reaching his conclusion, the Judge found that the Respondent had not shown that under the Work Schedules Act or under the Statute it was entitled to terminate the CWS program without first bargaining with the Union. We agree.(1)

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 and the entire record, we adopt the Judge's findings,(2) conclusions, and recommended Order.

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 Defense Logistics Agency, Defense Industrial Plant Equipment Center, Memphis, Tennessee shall:

1. Cease and desist from:

(a) Unilaterally terminating the compressed work schedule program for its Memphis, Tennessee headquarters employees, without first affording the American Federation of Government Employees, the exclusive bargaining representative of those employees, the opportunity to negotiate with respect to any proposed changes in such program.

(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 Service Labor-Management Relations Statute.

2. Take the following affirmative action in order to effectuate the purposes and policies of the Federal Service Labor-Management Relations Statute:

(a) Upon request, reestablish the previous compressed work schedule program for its headquarters employees and afford the American Federation of Government Employees, the exclusive bargaining representative of those employees, the opportunity to negotiate with respect to any proposed changes in such program.

(b) Post at its Memphis, Tennessee headquarters, copies of the attached Notice on form