16:0944(126)CA - Harry S. Truman Memorial Veterans Hospital, Columbia, MO and AFGE Local 3399 -- 1984 FLRAdec CA
[ v16 p944 ]
16:0944(126)CA
The decision of the Authority follows:
16 FLRA No. 126
HARRY S. TRUMAN MEMORIAL VETERANS
HOSPITAL, COLUMBIA, MISSOURI
Respondent
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 3399
Charging Party
Case No. 7-CA-757
DECISION AND ORDER
This matter is before the Authority pursuant to the Acting Regional
Director's "Order Transferring Case to the Federal Labor Relations
Authority" in accordance with section 2429.1(a) of the Authority's Rules
and Regulations.
Upon consideration of the entire record in this case, including the
stipulation of facts and the parties' contentions, the Authority finds:
The complaint alleges, in essence, that the Respondent violated
section 7116(a)(1) and (5) of the Federal Service Labor-Management
Relations Statute (the Statute) when it failed and refused to negotiate
ground rules for bargaining concerning the Respondent's proposed Upward
Mobility Program.
On July 16, 1980, the Respondent notified the Union of the Program,
inviting the Union's review and comments. Thereafter, the Union
requested to negotiate over the Program, and the Respondent, in a
memorandum acknowledging the Union's request, named its team and
scheduled a negotiation date. The Union responded by requesting 30 days
to prepare proposals, suggested a different date for negotiations, and
submitted a proposal for ground rules. In a memorandum dated August 18,
1980, the Respondent declined to negotiate ground rules, contending that
negotiating formal ground rules for implementing or changing personnel
policies, procedures, or working conditions is inappropriate except in
formal contract negotiations. However, the record reflects that the
parties met on September 8, 1980, and for several days thereafter
negotiated over the Program and eventually reached an agreement. The
Respondent stipulated that at no time did it negotiate or reach
agreement with the Union on ground rules. The parties view the primary
issue herein to be whether or not the Respondent had an obligation to
bargain concerning ground rules for the negotiation of a change in
conditions of employment which management proposed during the term of
the parties' collective bargaining agreement.
Subsequent to the issuance of the complaint in this case, the
Authority concluded, in finding a violation of the Statute by an agency
that refused to provide official time to a union representative during
ground rule negotiations, that ground rule negotiations are not separate
from the collective bargaining process and the parties' mutual
obligation to bargain in good faith. Department of Defense Dependents
Schools, 14 FLRA 40 (1984). See also Environmental Protection Agency,
16 FLRA 87 (1984).
In the instant case, the Authority similarly concludes that the
Respondent failed to fulfill its obligation to negotiate in good faith
when it refused to bargain over the Union's ground rule proposal and
thereby violated section 7116(a)(1) and (5) of the Statute. Respondent
gave as a reason for its refusal its contention that ground rule
bargaining is inappropriate except during formal contract negotiations.
Inasmuch as the Authority has already concluded that the negotiation of
ground rules is part of the collective bargaining process and the mutual
obligation of the parties to negotiate in good faith, such a contention
is clearly without merit. Moreover, the Authority has found no
distinction in the good faith bargaining process between formal contract
negotiations and negotiations conducted as a result of a change in
conditions of employment made during the term of a collective bargaining
agreement. /1/ Finally, the Respondent contends that no violation
should be found since it negotiated an agreement with the Union over the
Upward Mobility Program. Inasmuch as Respondent has refused to bargain
about ground rules and has never agreed to bargain with the Union on
that subject, the Authority finds Respondent's contention in this regard
is without merit. In these circumstances, the Authority finds that the
purposes and policies of the Statute will be best effectuated by an
order requiring the Respondent to bargain in good faith regarding ground
rule proposals which may be submitted in connection with future
negotiations.
ORDER
Pursuant to section 2423.29 of the Rules and Regulations of the
Authority and section 7118 of the Statute, the Authority hereby orders
that the Harry S. Truman Memorial Veterans Hospital, Columbia, Missouri,
shall:
1. Cease and desist from:
(a) Refusing to bargain over ground rules proposed by the American
Federation of Government Employees, AFL-CIO, Local 3399, the exclusive
representative of its employees, concerning the negotiation of its
Upward Mobility Program.
(b) In any like or related manner interfering with, restraining or
coercing its employees in the exercise of their rights assured by the
Statute.
2. Take the following affirmative action in order to effectuate the
purposes and policies of the Statute.
(a) Bargain in good faith with the American Federation of Government
Employees, AFL-CIO, Local 3399, the exclusive representative of its
employees, over ground rule proposals which may be submitted in
connection with future negotiations conducted under the Statute.
(b) Post at its Columbia, Missouri facilities 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 an
authorized representative of the Respondent 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
insure that such Notices are not altered, defaced, or covered by any
material.
(c) Pursuant to section 2423.30 of the Authority's Rules and
Regulations, notify the Regional Director, Region VII, Federal Labor
Relations Authority, in writing, within 30 days from the date of this
Order, as to what steps have been taken to comply herewith.
Issued, Washington, D.C., December 18, 1984
/s/ HENRY B. FRAZIER III
Henry B. Frazier III, Acting
Chairman
/s/ RONALD W. HAUGHTON
Ronald W. Haughton, Member
FEDERAL LABOR RELATIONS AUTHORITY
NOTICE TO ALL EMPLOYEES
PURSUANT TO A DECISION AND ORDER OF THE FEDERAL LABOR
RELATIONS
AUTHORITY AND IN ORDER TO EFFECTUATE THE POLICIES OF CHAPTER 71
OF TITLE
5 OF THE UNITED STATES CODE FEDERAL SERVICE LABOR-MANAGEMENT
RELATIONS
WE HEREBY NOTIFY OUR EMPLOYEES THAT:
WE WILL NOT refuse to bargain over ground rules proposed by the
American Federation of Government Employees, AFL-CIO, Local 3399, our
employees' exclusive representative, concerning the negotiation of our
proposed Upward Mobility Program.
WE WILL NOT in any like or related manner interfere with, restrain,
or coerce our employees in the exercise of their rights assures by the
Statute.
WE WILL bargain in good faith with the American Federation of
Government Employees, AFL-CIO, Local 3399, the exclusive representative
of our employees, over ground rule proposals which may be submitted in
connection with future negotiations conducted under the Statute.
. . .
(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 its provisions, they may communicate directly with the Regional
Director, Region VII, Federal Labor Relations Authority whose address
is: Federal Building & U.S. Customs House, 1531 Stout Street, Suite
301, Denver, Colorado 80202 and whose telephone number is: (303)
837-5224.
--------------- FOOTNOTES$ ---------------
/1/ See, e.g., Department of Defense, Department of the Air Force,
Armament Division, AFSC, Eglin Air Force Base, 13 FLRA No. 86 (1983).