United States Department of the Air Force, Randolph Air Force Base, San Antonio, Texas (Respondent) and American Federation of Government Employees, Local 1840, AFL-CIO (Charging Party)

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58 FLRA No. 6

UNITED STATES
DEPARTMENT OF THE AIR FORCE
RANDOLPH AIR FORCE BASE
SAN ANTONIO, TEXAS
(Respondent)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1840, AFL-CIO
(Charging Party)

DA-CA-00630

_____

DECISION AND ORDER

August 30, 2002

_____

Before the Authority: Dale Cabaniss, Chairman, and
Carol Waller Pope and Tony Armendariz, Members

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 (Judge) filed by the Respondent. The General Counsel filed an opposition to the exceptions.

      The Judge concluded that the Respondent violated § 7116(a)(1) of the Federal Service Labor-Management Relations Statute by denying the Charging Party's request to distribute a Union newsletter in non-work areas during non-work time. [n*] 

      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.

II.     Order

      Pursuant to § 2423.41(c) of the Authority's Regulations and § 7118 of the Federal Service Labor-Management Relations Statute (the Statute), the United States Department of the Air Force, Randolph Air Force Base, San Antonio, Texas, shall:

      1.      Cease and desist from:

           (a)     Interfering with employees' protected rights under the Statute by disapproving the distribution of the American Federation of Government Employees, Local 1840's Winter 2000 (Issue 1) newsletter to non-appropriated fund (NAF) employees in non-work areas during non-work times.

           (b)     In any like or related manner, interfering with, restraining, or coercing bargaining unit 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)     Permit employees to distribute copies of the Winter 2000 (Issue 1) newsletter to NAF employees in non-work areas during non-work times.

           (b)     Post at its facilities at the United States Department of the Air Force, Randolph Air Force Base, San Antonio, Texas, where NAF bargaining unit employees 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 Commander, Randolph Air Force Base, and shall be posted and maintained for sixty 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.

           (c)     Pursuant to § 2423.41(e) of the Authority's Regulations, notify the Regional Director, San Francisco Regional Office, Federal Labor Relations Authority, in writing within thirty days from the date of this Order, as to what steps have been taken to comply.


NOTICE TO ALL EMPLOYEES
POSTED BY ORDER OF THE
FEDERAL LABOR RELATIONS AUTHORITY

The Federal Labor Relations Authority has found that the United States Department of the Air Force, Randolph Air Force Base, San Antonio, Texas, violated the Federal Service Labor-Management Relations Statute, and has ordered us to post and abide by this Notice.

We hereby notify employees that:

WE WILL NOT interfere with employees' protected rights under the Statute by disapproving the distribution [ v58 p15 ] of the American Federation of Government Employees, Local 1840's Winter 2000 (Issue 1) newsletter to non-appropriated fund (NAF) employees in non-work areas during non-work times.

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

WE WILL permit employees to distribute copies of the Winter 2000 (Issue 1) newsletter to NAF employees in non- work areas during non-work times.

      ________________________
(Activity)

Dated:__________ By:_____________________

      (Signature) (Title)

This Notice must remain posted for sixty 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 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, California, 94103, and whose telephone number is: (415) 356-5000.


File 1: Authority's Decision in 58 FLRA No. 6
File 2: ALJ's Decision


Footnote # * for 58 FLRA No. 6 - Authority's Decision

   As the Respondent did not except to the Judge's finding that the newsletter was not so offensive as to constitute flagrant misconduct, w