45:0040(6)CA - - Patent and Trademark Office and Patent Office Professional Association - - 1992 FLRAdec CA - - v45 p40

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45:0040(6)CA
The decision of the Authority follows:


45 FLRA N0. 6

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. PATENT AND TRADEMARK OFFICE

(Respondent)

and

PATENT OFFICE PROFESSIONAL ASSOCIATION

(Charging Party/Union)

3-CA-10483

DECISION AND ORDER

June 10, 1992

Before Chairman McKee and Members Talkin and Armendariz.

I. Statement of the Case

The Administrative Law Judge issued the attached decision finding that the Respondent did not violate the Federal Service Labor-Management Relations Statute (the Statute) by implementing a change in the productivity policy for overtime eligibility in Examining Group 350 without affording the Union notice and an opportunity to negotiate over the impact and implementation of the change. The General Counsel filed exceptions to the Judge's decision and the Respondent filed an opposition to the General Counsel's exceptions.

Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Statute, we have reviewed the Judge's rulings 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, conclusions, and recommended Order, and will dismiss the complaint.

In so doing, we disagree with the General Counsel's contention that a