46:0640(63)CA - - 375th Combat Support Group, Scott AFB, IL and NAGE Local R7-23 - - 1992 FLRAdec CA - - v46 p640

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[ v46 p640 ]
46:0640(63)CA
The decision of the Authority follows:


46 FLRA No. 63

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

375TH COMBAT SUPPORT GROUP

SCOTT AIR FORCE BASE, ILLINOIS

(Respondent)

and

NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES

LOCAL R7-23, AFL-CIO, SEIU

(Charging Party/Union)

75-CA-10008

_____

DECISION AND ORDER

November 27, 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 Administration Law Judge. The General Counsel filed cross-exceptions and an opposition to the Respondent's exceptions.

The complaint alleges that the Respondent violated section 7116(a)(1) and (5) of the Federal Service Labor-Management Relations Statute (the Statute) by refusing to bargain over certain negotiable conditions of employment. The complaint further alleges that the Respondent violated section 7116(a)(1), (5), and (6) of the Statute by implementing changes in smoking and drug testing policies, and asbestos removal procedures at a time when requests for assistance regarding these matters were pending before the Federal Service Impasses Panel (the Panel).

The Judge found that the Respondent violated section 7116(a)(1), (5), and (6) of the Statute, as alleged in the complaint, and that the Respondent violated section 7116(a)(1) and (5) by refusing to bargain over matters involving child care, lateral reassignments, and vacancy announcements. The Judge found that the Respondent did not violate section 7116(a)(1) and (5) of the Statute in connection with implementation of an automated personnel system.

Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Statute, we have reviewed the rulings that 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, the exceptions, and the entire record, we adopt the Judge's findings,(1) conclusions,(2) and recommended Order, as modified below.

The General Counsel excepts only to the Judge's recommended Order. We agree with the General Counsel that the Order should be clarified to reflect that: (1) the Respondent is obligated to negotiate in good faith whether or not the Union requests Panel assistance; and (2) the Respondent is required to return to the status quo ante only on request of the Union. We will modify the Order accordingly.

II. 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 375th Combat Support Group, Scott Air Force Base, Illinois, shall:

1. Cease and desist from:

(a) Failing and refusing to bargain with the Union over smoking and drug testing policies, asbestos removal and lateral reassignment procedures, child care, and vacancy announcements.

(b) Failing and refusing to cooperate in impasse proceedings by implementing changes in smoking and drug testing policies and asbestos removal procedures at a time when the Union's request for assistance on these matters is pending before the Federal Service Impasses Panel.

(c) In any like or related manner, interfering with, restraining, or coercing employees in the exercise of their rights assured by the Statute.

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

(a) Upon request of the Union, reinstate the smoking policy in effect at Scott Air Force Base prior to August 15, 1990; the asbestos removal procedures in place prior to August 9, 1990; and rescind the drug testing policy.

(b) Upon request, negotiate in good faith with the Union over negotiable proposals concerning smoking and drug testing policies, asbestos removal and lateral reassignment procedures, child care, and vacancy announceme