49:0137(20)CA - - Luke AFB, AZ and AFGE, Local 1547 - - 1994 FLRAdec CA - - v49 p137

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[ v49 p137 ]
49:0137(20)CA
The decision of the Authority follows:


49 FLRA No. 20

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

LUKE AIR FORCE BASE, ARIZONA

(Respondent)

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 1547, AFL-CIO

(Charging Party)

SA-CA-20784

_____

DECISION AND ORDER

February 24, 1994

_____

Before Chairman McKee and Members Talkin and Armendariz.

I. Statement of the Case

The Administrative Law Judge issued the attached decision in the above-entitled proceeding, finding that the Respondent violated section 7116(a)(1) and (5) of the Federal Service Labor-Management Relations Statute (the Statute) by implementing a change in the conditions of employment of bargaining unit employees without providing the Charging Party with notice of the change and an opportunity to bargain over it. The Respondent filed exceptions to the Judge's decision.(*) The General Counsel filed an opposition to the Respondent's exceptions.

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 those rulings. Upon consideration of the Judge's decision, the exceptions, and the entire record, we adopt the Judge's findings, conclusions, and recommended order.

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, Luke Air Force Base, Arizona, shall:

1. Cease and desist from:

(a) Unilaterally changing working conditions of unit employees by changing the smoking policy for employees in Building 610 without providing the American Federation of Government Employees, Local 1547, AFL-CIO, the exclusive representative of certain of its employees, notice of and an opportunity to bargain over the change.

(b) In any like or related manner, interfering with, restraining, or coercing its 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) Rescind the no-smoking policy implemented with respect to Building 610 in May 1992 and reinstate the policy of permitting employees to smoke in that building.

(b) Notify the Union in advance of any intended changes in smoking policy and, upon request, negotiate on the decision to effect such changes and its impact and implementation.

(c) Post at its facilities at Luke Air Force Base, Arizona, where bargaining unit employees represented by the Union are located, copies of the attached Notice on forms to be furnished by the Federal Labor Relations Authority. Upon receipt of such forms, they shall be signed by the Commanding Officer and shall be posted and maintained for 60 consecutive days thereafter, in conspicuous places, including all bulletin boards and other places where notices to employees are customarily posted. Reasonable steps shall be taken to ensure that such Notices are not altered, defaced, or covered by any other material.

(d) Pursuant to section 2423.30 of the Authority's Rules and Regulations, notify the Regional Director of the San Francisco 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 EMPLOYEES THAT:

WE WILL NOT unilaterally change working conditions of unit employees by changing the smoking policy for employees in Building 610 without providing the American Federation of Government Employees, Local 1547, AFL-CIO, the exclusive representative of certain of our employees, notice of and an opportunity to bargain over the change.

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 Statute.

WE WILL rescind the no-smoking policy implemented with respect to Building 610 in May 1992 and reinstate the policy of permitting employees to smoke in that building.

WE WILL notify the Union in advance of any intended changes in smoking policy and, upon request, negotiate on the decision to effect such changes and its impact and implementation.

__________________________________

(Activity)

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, San Francisco Regional Office, Federal Labor Relations Authority, whose address is: 901 Market Street, Suite 220, San Francisco, CA 94103, and whose telephone number is: (415) 744-4000.




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

*/ In part, the Respondent's exceptions dispute the Judge's credibility findings. The demeanor of witnesses is an important factor in resolving issues of credibility and only the Judge has had the benefit of observing the witnesses while they testified. We will not overrule a judge's credibility determination unless a clear preponderance of all relevant evidence demonstrates that the determination was incorrect. We have examined the record in this case and find no basis for reversing the Judge's credibility findings. See Department of Housing and Urban Development, Region X, Seattle, Washington, 41 FLRA 363, 364 (1991).