United States, Department of the Air Force, Headquarters, 96TH Air Base Wing, Eglin Air Force Base, Florida (Respondent) and American Federation of Government Employees, Local 1897 (Charging Party)

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58 FLRA No. 159

UNITED STATES
DEPARTMENT OF THE AIR FORCE
HEADQUARTERS, 96TH AIR BASE WING
EGLIN AIR FORCE BASE, FLORIDA
(Respondent)

and

AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES
LOCAL 1897
(Charging Party)

AT-CA-00659
AT-CA-00738

_____

DECISION AND ORDER

July 11, 2003

_____

Before the Authority: Dale Cabaniss, Chairman, and
Carol Waller Pope and Tony Armendariz, Members [n1] 

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

      The Judge concluded that the Respondent did not violate § 7116(a)(1) and (5) of the Federal Service Labor-Management Relations Statute (the Statute) when it refused to bargain over the impact and implementation of its addition of a supervisory position, flight-line expediter, in the chain of command of the Air Reserve Technician Civilian Employees. [n2] 

      Upon consideration of the Judge's decision, the GC's exceptions, and the entire record, we adopt the Judge's findings, conclusions and recommended order. Accordingly, the complaint is dismissed.

II.      Order

      The complaint is dismissed.


Concurring Opinion of Chairman Cabaniss:

      I write separately to discuss an issue in our precedent and implementing statute that often causes confusion on the part of all involved. Too often, employer changes to employee "working conditions" give rise to claims that the "conditions of employment" underlying those working conditions have been changed without first having engaged in any necessary bargaining over the matter. Suspending an employee without pay for three d