45:0533(46)CA - - Marine Corps Logistics Base, Barstow, CA and AFGE Local 1482 - - 1992 FLRAdec CA - - v45 p533
[ v45 p533 ]
The decision of the Authority follows:
45 FLRA No. 46
Before Chairman McKee and Members Talkin and Armendariz.
I. Statement of the Case
This case is before the Authority pursuant to a remand from the United States Court of Appeals for the District of Columbia Circuit. Marine Corps Logistics Base, Albany, Georgia v. FLRA, Nos. 91-1211 and 91-1212 (D.C. Cir. Apr. 24, 1992) (Marine Corps Logistics Base v. FLRA). The complaint alleges that the Respondent violated section 7116(a)(1) and (5) of the Federal Service Labor-Management Relations Statute (the Statute) by making changes in its Job Performance Appraisal System without giving notice to the Union and affording it the opportunity to bargain on the impact and implementation of the changes. In accordance with the instructions of the court, we will dismiss the complaint.
This case involves the interpretation of the Master Labor Agreement (MLA) between the Marine Corps and the American Federation of Government Employees, AFL-CIO, which governed the relations between the parties herein. Article 31 of that agreement deals with the performance appraisal system and provides, among other things, that "(1) management will establish 'performance elements' and 'performance standards'; (2) employees must be given the chance to participate in the establishment of performance standards; (3) employees must be given adequate notice of the standards that apply to them; (4) employees may propose changes in performance standards at any time; and (5) the standards established must be 'fair and reasonable.'" Marine Corps Logistics Base v. FLRA, slip op. at 9.
In July 1987, when the Respondent decided to modify the performance criteria applicable to some of its production employees, supervisors held a meeting with the affected employees to discuss the proposed changes. The shop foreman also met individually with each employee and solicited comments regarding the proposed new standards. In taking these actions, the Respondent "fully complied with the requirements of Article 31." Id. On August 7, 1987, the Union requested bargaining over the new performance appraisal system. The Respondent refused to bargain and, in November 1987, implemented the changes. The Union then filed the charge in this case, alleging that the Respondent had violated the Statute by changing the working conditions of unit employees without engaging in impact and implementation bargaining.
The Administrative Law Judge concluded that the Respondent had violated the Statute as alleged, finding that the Union had not waived its statutory right to bargain over the impact and implementation of the new performance appraisal system. The Authority affirmed the Judge's decision. Marine Corps Logistics Base, Barstow, California, 39 FLRA 1126 (1991) (Marine Corps, Barstow). The Authority concluded that th