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47 FLRA No. 55

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE, ATLANTA, GEORGIA

(Respondent)

and

NATIONAL FEDERATION OF FEDERAL

EMPLOYEES, LOCAL 466

(Charging Party)

4-CA-20234

_____

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:

II. 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 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.

(d) Post at all facilities and offices included in or encompassing the U.S. Department of Agriculture, Forest Service, Daniel Boone National Forest, copies of the Notice, attached hereto as Appendix A, on forms to be furnished by the Federal Labor Relations Authority. Upon receipt of such forms, they shall be signed by the Forest Supervisor or Acting Forest Supervisor and shall be posted and maintained for 60 consecutive days hereafter in conspicuous places, including all bulletin boards and other places where notices to its employees are customarily posted. Reasonable steps shall be taken to ensure that such Notices are not altered, defaced, or covered by an other material.

(e) Pursuant to section 2423.30 of the Authority's Rules and Regulations, notify the Regional Director, Atlanta Regional Office, Federal Labor Relations Authority, in writing, within 30 days from the date of this Order, as to what steps have been taken to comply.

NOTICE TO ALL EMPLOYEES

AS ORDERED BY THE FEDERAL LABOR RELATIONS AUTHORITY

AND TO EFFECTUATE THE POLICIES OF THE

FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE

WE NOTIFY OUR EMPLOYEES THAT:

WE WILL NOT fail and refuse to effectuate and honor the settlement agreement negotiated with the National Federation of Federal Employees, Local 466, the exclusive representative of certain of our employees, on April 8, 1991, in connection with the settlement of Case Nos. 4-CA-10161 and 4-CA-10231.

WE WILL NOT repudiate the settlement agreement negotiated with the Union.

WE WILL NOT fail and refuse to provide the Union with counter-proposals, referenced in Case No. AT-CA-10161, within 15 work days of the execution of the settlement agreement.

WE WILL NOT fail and refuse 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.

WE WILL NOT, in any like or related manner, interfere with, restrain, or coerce our employees in the exercise of their rights assured by the Federal Service Labor-Management Relations Statute.

WE WILL effectuate and honor the settlement agreement negotiated with the Union.

WE WILL provide the Union with counter-proposals referenced in Case No. AT-CA-10161.

WE WILL 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.

U.S. DEPARTMENT OF AGRICULTURE
FOREST SERVICE

Dated: _______________ By: _________________________________

(Signature) (Title)

This Notice must remain posted for 60 consecutive days from the date of posting and must not be altered, defaced, or covered by any other material.

If employees have any questions concerning this Notice or compliance with any of its provisions, they may communicate directly with the Regional Director, Atlanta Regional Office, Federal Labor Relations Authority, whose address is: 1371 Peachtree Street NE., Suite 122, Atlanta, Georgia 30367, and whose telephone number is: (404) 347-2324.

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FOOTNOTES:
(If blank, the decision does not have footnotes.)
 

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