47:0616(55)CA - - Agriculture Forest Service, Atlanta, GA and NFFE, Local 466 - - 1993 FLRAdec CA - - v47 p616
[ v47 p616 ]
The decision of the Authority follows:
47 FLRA No. 55
FEDERAL LABOR RELATIONS AUTHORITY
U.S. DEPARTMENT OF AGRICULTURE
FOREST SERVICE, ATLANTA, GEORGIA
NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 466
ORDER APPROVING FORMAL SETTLEMENT AGREEMENT
May 13, 1993
Before Chairman McKee and Members Talkin and Armendariz.
I. Statement of the Case
On April 8, 1993, the Respondent and the Charging Party entered into a settlement stipulation (Stipulation). On April 12, 1993, the Stipulation was approved by the Atlanta Regional Director of the Authority, on behalf of the General Counsel. The stipulation, which is subject also to approval by the Authority, provides for entry of a consent order by the Authority and a consent judgment by any appropriate United States Court of Appeals. In addition, the parties have waived all further and other proceedings before the Authority to which they may be entitled under the Federal Service Labor-Management Relations Statute (the Statute) and the Rules and Regulations of the Authority, and the Respondent has consented to the Authority's application for the entry of a decree by an appropriate Federal court.
The Stipulation is hereby approved and is made part of the record in this case. Based on the entire record in this case, including the Stipulation, the Authority finds that: (1) the Respondent is an agency, within the meaning of section 7103(a)(3) of the Statute; and (2) the Charging Party is a labor organization, within the meaning of section 7103(a)(4) of the Statute. Also based on the record, the Authority issues the following Order:
Based upon the above findings, the Stipulation, and the entire record in the proceedings, and pursuant to 7105(a)(2)(G) of the Statute, the Authority hereby orders that the U.S. Department of Agriculture, Forest Service, Atlanta, Georgia, shall:
1. Cease and desist from:
(a) Failing and refusing to effectuate and honor the settlement agreement negotiated with the National Federation of Federal Employees, Local 466, the exclusive representative of certain of its employees, on April 8, 1991, in connection with the settlement of Case Nos. 4-CA-10161 and 4-CA-10231.
(b) Repudiating the settlement agreement negotiated with the Union.
(c) Failing and refusing to provide the Union with counter-proposals, referenced in Case No. AT-CA-10161, within 15 work days of the parties' execution of the settlement agreement.
(d) Failing and refusing to bargain with the Union, to the extent consistent with law and regulation, over: (1) annual leave policy; (2) awards; (3) fire details; (4) location of HIV protection equipment; (5) HIV hazard duty pay; (6) employee training plan; and (7) work schedules.
(e) In any like or related manner, interfering with, restraining, or coercing its employees in the exercise of their rights assured 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) Effectuate and honor the settlement agreement negotiated with the Union.
(b) Provide the Union with counter-proposals referenced in Case No. AT-CA-10161.
(c) Bargain with the Union, to the extent consistent with law and regulation, over (1) annual leave