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

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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)   &