Click here to view the decision.
61 FLRA No. 21
U. S. DEPT. OF DEFENSE, DEFENSE DISTRIBUTION DEPOT ANNISTON, ALABAMA AND AFGE, LOCAL 1945, AFL-CIO, Case No. AT-CA-04-0457 (July 15, 2005)
The complaint alleged that the Respondent violated ß 7116(a)(1) and (5) of the Federal Service Labor-Management Relations Statute by unilaterally removing bargaining unit positions from the Alternative Work Schedule (AWS) without first notifying the American Federation of Government Employees, Local 1945, AFL-CIO and providing it the opportunity to negotiate to the extent required by the Statute. The Judge granted the General Counsel's unopposed motion for summary judgment. The Judge also granted the status quo ante relief sought by the General Counsel and ordered the Respondent to post a notice to employees. The Respondent excepted to the Judge's granting of status quo ante relief.
The Authority explained that under section 2429.5 of its regulations, it will not consider issues which were not presented in the proceedings before the Administrative Law Judge. Here, the Respondent could have raised, but did not, its argument regarding the status quo ante relief before the Judge.