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
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 911
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]
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 Verification Center without giving prior notice to the American Federation of Government Employees, Local 911, the exclusive representative of certain bargaining unit employees, and affording it an opportunity to bargain over the impact and implementation of the new performance standards.
(b) In any like or related manner interfering with, restraining or coercing bargaining unit 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 Statute:
(a) Rescind the critical elements and performance standards for Income Verification Analysts which were effective May 3, 1999, reappraise employees who were evaluated under the new elements and standards by applying the previous elements and standards, and make whole any bargaining unit employee adversely affected by application of the new critical elements and performance standards.
(b) Notify and, upon request, negotiate with the American Federation of Government Employees, Local 911, the exclusive representative of bargaining unit employees, over the impact and implementation of new critical elements and performance standards.
(c) Post at its facilities, 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 Chief Executive officer of the HUD Illinois State Office 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 2423.41(e) of the Authority's Regulations, notify the Regional Director, Chicago, 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. [ v56 p593 ]