United States Department of the Air Force, 355th SPTG/CG, Davis-Monthan Air Force Base, Arizona (Respondent) and American Federation of Government Employees, Local 2924 (Charging Party/Union)
63 FLRA No. 178
FEDERAL LABOR RELATIONS AUTHORITY
UNITED STATES DEPARTMENT OF THE AIR FORCE
DAVIS-MONTHAN AIR FORCE BASE, ARIZONA
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
DECISION AND ORDER
August 13, 2009
Before the Authority: Carol Waller Pope, Chairman and
Thomas M. Beck, Member
I. Statement of the Case
This unfair labor practice case is before the Authority on exceptions to the attached decision of the Chief Administrative Law Judge (Judge) filed by the Respondent. The General Counsel (GC) filed an opposition to the Respondent’s exceptions.
The complaint alleges that the Respondent violated § 7116(a)(1) and (5) of the Federal Service Labor-Management Relations Statute (Statute) by bypassing the Union when it delivered a grievance answer to an employee without providing a copy to the designated Union representative and by communicating directly with the employee on the subject of the grievance. The complaint also alleges that the Respondent’s conduct interfered with the Union’s rights under § 7114(a)(1) to represent unit employees, an independent violation of § 7116(a)(1).
The Judge found that the Respondent violated § 7116(a)(1) and (5) of the Statute, and independently violated § 7116(a)(1), by bypassing the Union when it delivered a grievance answer to the employee and not the designated Union representative.1
Upon consideration of the Judge’s decision and the entire record, we adopt the Judge’s findings, conclusions, and recommended order and notice, and deny the Respondent’s exceptions.2
Pursuant to § 2423.41(c) of the Authority’s Regulations and § 7118 of the Federal Service Labor-Management Relations Statute (Statute), it is hereby ordered that the United States Department of the Air Force, 355th SPTG/CG, Davis-Monthan Air Force Base, Arizona,, shall:
1. Cease and desist from:
(a) Bypassing the American Federation of Government Employees, Local 2924 (Union), the employee's exclusive representative, and dealing directly with unit employees by delivering a grievance answer directly to the grievant without providing the correspondence to the designated representative.
(b) Interfering with the right of employees to designate and rely on the Union to process their grievances through the negotiated grievance procedure.
(c) In any like or related manner, interfering with unit employees rights to designate and rely on the exclusive representative to process their grievances through the negotiated grievance procedure.
2. Take the following affirmative action:
(a) Post at all of its facilities in Davis-Monthan Air Force Base, Arizona, 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 Base Commander, 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.
(b) Notify and give the Union the opportunity to be represented whenever any management official or supervisor intends to meet and/or discuss the subject matter or the resolution of any grievance being processed by the exclusive representative of employees under the parties' negotiated grievance procedure.
(c) Pursuant t