U.S. Department of Housing and Urban Development (Respondent) and American Federation of Government Employees, Local 911 (Charging Party)

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56 FLRA No. 93

U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT
(Respondent)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 911
(Charging Party)

CH-CA-90466

_____

DECISION AND ORDER

August 29, 2000

_____

Before the Authority: Donald S. Wasserman, Chairman and Dale Cabaniss, Member.

I.     Statement of the Case

      This unfair labor practice case is before the Authority on exceptions to the attached decision of the Administrative Law Judge filed by the Respondent. The General Counsel filed an opposition to the exceptions.

      The Judge determined that the Respondent violated section 7116(a)(1) and (5) of the Federal Service Labor-Management Relations Statute (the Statute) by implementing new critical elements and performance standards for the bargaining unit employees without providing the Union notice and an opportunity to negotiate over the changes to the extent required by section 7106(b)(2) and (3) of the Statute. The Judge found that the employees had been under a performance plan consisting of one critical element with three possible ratings and then became subject to a performance plan consisting of five critical elements with five possible ratings. Based on this finding, the Judge determined that the effect of the change on unit employees' conditions of employment was more than de minimis. The Judge recommended a make-whole remedy.

      Upon consideration of the Judge's decision, the Respondent's exceptions, and the entire record, we adopt the Judge's findings, conclusions, and recommended Order. [n1] 

II.     Order

      Pursuant to section 2423.41(c) of our Regulations and section 7118 of the Federal Service Labor-Management Relations Statute, the U.S. Department of Housing and Urban Development shall:

      1.     Cease and desist from:

           (a)     Unilaterally implementing new critical elements and performance standards for bargaining unit employees of the Chicago Income Verif