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58 FLRA No. 10
U. S. Dept. of Housing and Urban Development and AFGE, Local 3701 Case No. CH-CA-90527 (Decided September 9, 2002)
The complaint alleged that the Respondent violated § 7116(a)(1) and (5) of the Federal Service Labor-Management Relations Statute by improperly implementing a change in the assignment of receptionist duties. The Judge concluded that the Respondent did not violate the Statute and recommended that the Authority dismiss the complaint. The Authority, however, found that the Respondent violated § 7116(a)(1) and (5) of the Statute. To remedy the violation, the Authority directed the Respondent to negotiate in good faith over the impact and implementation of the change.
The Authority noted that proposals requiring the rotational assignment of work among employees whom management has determined are qualified to perform the work are negotiable. Here, the Authority found no basis in the record to conclude that Proposal 2 prevented the Respondent from determining which employees were qualified to serve as receptionist. Thus, the Authority found that Proposal 2 was consistent with this requirement, and therefore negotiable.
As to the remedy, the Authority concluded that a prospective bargaining order was the appropriate remedy. The Respondent was ordered to fulfill its bargaining obligation under the Statute by bargaining in good faith over the impact and implementation of the change, to include negotiating over the Charging Party's proposal 2.