Alabama State Military Department, Alabama Army National Guard, Montgomery, Alabama (Respondent) and Association of Civilian Technicians, North Alabama Chapter (Charging Party/Union)

[ v58 p158 ]

58 FLRA No. 35

ALABAMA STATE MILITARY DEPARTMENT
ALABAMA ARMY NATIONAL GUARD
MONTGOMERY, ALABAMA
(Respondent)

and

ASSOCIATION OF CIVILIAN TECHNICIANS
NORTH ALABAMA CHAPTER
(Charging Party/Union)

AT-CA-01-0743

_____

DECISION AND ORDER

October 25, 2002

_____

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

I.     Statement of the Case

      This unfair labor practice 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 complaint alleged that the Respondent violated § 7116(a)(1) and (8) of the Federal Service Labor-Management Relations Statute (the Statute) by failing to comply with an arbitration award regarding the uniform allowance of certain of its employees. The Judge granted the General Counsel's Motion for Summary Judgment, finding that the Respondent violated the Statute as alleged, and issued an order.

      Upon consideration of the Judge's decision and the entire record, we adopt the Judge's findings, conclusions, and recommended Order. We agree with the Judge's conclusion that the Respondent violated § 7116(a)(1) and (8) of the Statute by failing to comply with a final and binding arbitration award. We also adopt the Judge's recommended remedy.

II.     Order

      Pursuant to § 2423.41(c) of the Authority's Regulations and § 7118 of the Federal Service Labor-Management Relations Statute, the Alabama State Military Department, Alabama Army National Guard, Montgomery, Alabama, shall:

      1.     Cease and desist from:

           (a)     Failing and refusing to comply with the final and binding award of Arbitrator Bernard Marcus dated February 23, 2001.

           (b)     In any like or related manner interfering with, restraining, or coercing bargaining unit employees in the exercise of rights assured them by the Statute.

      2.     Take the following affirmative action in order to effectuate the purposes and policies of the Statute:

           (a)     Comply with the Arbitrator's award by providing all bargaining unit employees with two additional sets of Battle Dress Uniforms (BDUs), provided that there are sufficient funds to do so.

           (b)     In the event that there are insufficient funds to provide the additional sets of BDUs, negotiate with the Union as to alternative arrangements, [n1] including:

(i)     partial implementation of the arbitration award at present and final implementation at a later time;
(ii)     an advance against the budget of the following year;
(iii)      the issuance of additional coveralls in place of the BDUs.

           (c)     Post at its facilities throughout the State of Alabama where 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 Adjutant General, 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 § 2423.41(e) of the Authority's Regulations, notify the Regional Director, Atlanta 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. [ v58 p159 ]


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

The Federal Labor Relations Authority has found that the Alabama State Military Department, Alabama Army National Guard, Montgomery, Alabama, has violated the Federal Service Labor-Management Relations Statute and has ordered us to post and abide by this Notice.

We hereby notify bargaining unit employees that:

WE WILL NOT fail and refuse to comply with the final and binding award of Arbitrator Bernard Marcus dated February 23, 2001.

WE WILL NOT in any like or related manner interfer with, restrain, or coerce bargaining unit employees in the exercise of rights assured them by the Statute.

WE WILL comply with the Arbitrator's award by providing all bargaining unit employees with two additional sets of Battle Dress Uniforms (BDUs), provided that there are sufficient funds to do so.

WE WILL, in the event that there are insufficient funds to provide the additional sets of BDUs, negotiate with the Union as to alternative arrangements, including:

(i)     partial implementation of the arbitration award at present and final implementation at a later time;
(ii)     an advance against the budget of the following year;
(iii)     the issu