United States, Department of Defense, Defense Contract Management Agency, Defense Contract Management Agency, East Indianapolis, Indiana (Respondent) and American Federation of Government Employees, Local 2121, AFL-CIO (Charging Party/Union)

[ v59 p207 ]

59 FLRA No. 34

UNITED STATES
DEPARTMENT OF DEFENSE
DEFENSE CONTRACT
MANAGEMENT AGENCY,
DEFENSE CONTRACT
MANAGEMENT AGENCY
EAST INDIANAPOLIS, INDIANA
(Respondent)

and

AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES
LOCAL 2121, AFL-CIO
(Charging Party/Union)

CH-CA-01-0652

_____

DECISION AND ORDER

September 25, 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 Respondent.

      The complaint alleges that the Respondent violated § 7116(a)(1) and (8) of the Federal Service Labor-Management Relations Statute (the Statute) by holding formal discussions with a bargaining unit employee concerning the mediation of his formal equal employment opportunity (EEO) complaint, without affording the Union notice and an opportunity to be represented as required by § 7114(a)(2)(A) of the Statute. [n2] The Judge decided the case on a stipulated record and applying Authority precedent, concluded that the Respondent violated the Statute as alleged.

      Consistent with the Authority's decision in United States Dep't of the Air Force, Luke Air Force Base, Ariz., 58 FLRA 528 (2003) (Chairman Cabaniss dissenting) and upon consideration of the Judge's decision and the entire record, we adopt the Judge's findings, conclusions, and recommended Order.

II.      Order

      Pursuant to § 2423.41(c) of our Regulations and § 7118 of the Federal Service Labor-Management Relations Statute, United States Department of Defense, Defense Contract Management Agency, Defense Contract Management Agency East, Indianapolis, Indiana, shall:

           1. Cease and desist from:

           (a) Failing or refusing to provide the American Federation of Government Employees, Local 2121, AFL-CIO (the Union), advance notice and the opportunity to be represented at formal discussions with bargaining unit employees concerning any grievance or any personnel policy or practices or other general conditions of employment, including discussions to mediate settlement of formal EEO complaints filed by bargaining unit employees.

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

           2. Take the following affirmative actions in order to effectuate the purposes of the Statute:

            (a) Provide the Union advance notice and the opportunity to be represented at formal discussions with bargaining unit employees concerning any grievance or any personnel policy or practices or other general conditions of employment, including discussions to mediate settlement of formal EEO complaints filed by bargaining unit employees.

            (b) Post at facilities at Defense Contract Management Agency East, Indianapolis, Indiana, where bargaining unit employees represented by the Union, are located, copies of the attached Notice on forms to be furnished by the Federal Labor Relations Authority. Upon receipt, such forms shall be signed by the Commander, Defense Contract Management Agency East, and shall be posted and maintained for 60 consecutive days thereafter, in conspicuous places, including all places where notices to employees are customarily posted. Reasonable steps shall be taken to ensure that these 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 of the Chicago Region, Federal Labor Relations Authority, in writing, within 30 days from the date of this Order, as to what steps have been taken to comply. [ v59 p208 ]


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 Defense, Defense Contract Management Agency, Defense Contract Management Agency East, Indianapolis, Indiana, has 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 fail or refuse to provide the employees' exclusive representative, American Federation of Government Employees, Local 2121, AFL-CIO (the Union), advance notice and the opportunity to be represented at formal discussions with bargaining unit employees concerning any grievance or any personnel policy or practices or other general conditions of employment, including discussions to mediate settlement of formal EEO complaints filed by bargaining unit employees.

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

WE WILL provide the Union advance notice and the opportunity to be represented at formal discussions with bargaining unit employees concerning mediation of formal EEO complaints.

 _____________________
      (Activity)

Dated:______By:__________________
                                (Signature) (Title)

This Notice must remain posted for 60 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 any of its provisions, they may communicate directly with the Regional Director, Chicago Region, Federal Labor Relations Authority, 55 West Monroe, Suite 1150, Chicago, Illinois 60603 and whose phone number is: (312) 353-6303.


Dissenting Opinion of Chairman Cabaniss:

      I write to note that, consistent with that relevant portion of my dissent in United States Dep't of the Air Force, 436th Airlift Wing, Dover Air Force Base, Dover, Del., 57 FLRA 304, 312-14 (2001) enf'd 316 F.3d 280 (D.C. Cir. 2003), I would find that no formal discussion under § 7114(a)(2)(A) took place in this case. Consequently, I would dismiss the complaint.


File 1: Authority's Decision in 59 FLRA No. 34 and Opinion of Chairman Cabaniss
File 2: ALJ's Decision


Footnote # 1<