File 3: Opinion of Member Pope
[ v58 p38 ]
Concurring Opinion of Member Pope:
I agree that the Respondent violated the Statute by implementing the change in assignment of receptionist duties on the ground that, at the time of the change, a negotiable proposal (Proposal 2) was pending. In my view, there is an additional ground supporting the conclusion that the Respondent acted unlawfully.
It is clear that an agency violates the Statute if it implements changes in conditions of employment while negotiations are pending. See, e.g., United States DOJ, INS, Wash., D.C., 56 FLRA 351, 357 (2000) (INS); see also United States INS, Wash., D.C., 55 FLRA 69, 73 (1999) (agency was obligated to notify union that it consider