[ v01 p877 ]
01:0877(100)CA
The decision of the Authority follows:
1 FLRA No. 100
ARKANSAS ARMY NATIONAL GUARD
Respondent
and
NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 1671
Complainant
Assistant Secretary
Case No. 64-4120(CA)
DECISION AND ORDER
ON APRIL 17, 1979, ADMINISTRATIVE LAW JUDGE EVERETTE E. THOMAS ISSUED
HIS RECOMMENDED DECISION AND ORDER IN THE ABOVE-ENTITLED PROCEEDING
FINDING THAT THE RESPONDENT HAD VIOLATED SECTION 19()(1) AND (6) OF
EXECUTIVE ORDER 11491, AS AMENDED, AND RECOMMENDING THAT IT CEASE AND
DESIST THEREFROM AND TAKE CERTAIN AFFIRMATIVE ACTION AS SET FORTH IN THE
ATTACHED ADMINISTRATIVE LAW JUDGE'S RECOMMENDED DECISION AND ORDER. NO
EXCEPTIONS WERE FILED TO THE ADMINISTRATIVE LAW JUDGE'S RECOMMENDED
DECISION AND ORDER.
THE FUNCTIONS OF THE ASSISTANT SECRETARY OF LABOR FOR
LABOR-MANAGEMENT RELATIONS UNDER EXECUTIVE ORDER 11491, AS AMENDED, WERE
TRANSFERRED TO THE AUTHORITY UNDER SECTION 304 OF REORGANIZATION PLAN
NO. 2 OF 1978 (43 F.R. 36040), WHICH TRANSFER OF FUNCTIONS IS
IMPLEMENTED BY SECTION 2400.2 OF THE AUTHORITY'S RULES AND REGULATIONS
(44 F.R. 44741, JULY 30, 1979). THE AUTHORITY CONTINUES TO BE
RESPONSIBLE FOR THE PERFORMANCE OF THESE FUNCTIONS AS PROVIDED IN
SECTION 7135(B) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
STATUTE (92 STAT. 1215).
THEREFORE, PURSUANT TO SECTION 2400.2 OF THE AUTHORITY'S RULES AND
REGULATIONS AND SECTION 7135(B) OF THE STATUTE, THE AUTHORITY HAS
REVIEWED THE RULINGS OF THE ADMINISTRATIVE LAW JUDGE MADE AT THE HEARING
AND FINDS THAT NO PREJUDICIAL ERROR WAS COMMITTED. THE RULINGS ARE
HEREBY AFFIRMED. UPON CONSIDERATION OF THE ADMINISTRATIVE LAW JUDGE'S
RECOMMENDED DECISION AND ORDER AND THE ENTIRE RECORD IN THIS CASE, AND
NOTING PARTICULARLY THAT NO EXCEPTIONS WERE FILED, THE AUTHORITY HEREBY
ADOPTS THE ADMINISTRATIVE LAW JUDGE'S FINDINGS, CONCLUSIONS AND
RECOMMENDATIONS. /1/
ORDER
PURSUANT TO SECTION 2400.2 OF THE RULES AND REGULATIONS OF THE
FEDERAL LABOR RELATIONS AUTHORITY AND SECTION 7135 OF THE FEDERAL
SERVICE LABOR-MANAGEMENT RELATIONS STATUTE, THE AUTHORITY HEREBY ORDERS
THAT THE ARKANSAS ARMY NATIONAL GUARD SHALL:
1. CEASE AND DESIST FROM:
(A) PROHIBITING THE MEMBERS OF THE NATIONAL FEDERATION OF FEDERAL
EMPLOYEES FORM UTILIZING, WITHOUT THE REQUIREMENT OF PAYING UNITED
STATES POSTAGE, THE INTERNAL MAIL DISTRIBUTION FACILITIES OF THE
ARKANSAS ARMY NATIONAL GUARD, OR CHANGING OTHER LIKE MATTERS AFFECTING
THE WORKING CONDITIONS OF UNIT EMPLOYEES, WITHOUT FIRST MEETING AND
CONFERRING WITH THE NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL
1671.
(B) IN ANY LIKE OR RELATED MANNER INTERFERING WITH, RESTRAINING, OR
COERCING EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY EXECUTIVE
ORDER 11491, AS AMENDED.
2. TAKE THE FOLLOWING AFFIRMATIVE ACTION IN ORDER TO EFFECTUATE THE
PURPOSES AND POLICIES OF THE ORDER:
(A) POST AT ALL ITS FACILITIES COPIES OF THE ATTACHED NOTICE MARKED
"APPENDIX" ON FORMS TO BE FURNISHED BY THE FEDERAL LABOR RELATIONS
AUTHORITY. UPON RECEIPT OF SUCH FORMS THEY SHALL BE SIGNED BY THE
ADJUTANT GENERAL OF THE ARKANSAS ARMY NATIONAL GUARD AND SHALL BE POSTED
AND MAINTAINED BY HIM FOR 60 CONSECUTIVE DAYS THEREAFTER, IN CONSPICUOUS
PLACES, INCLUDING ALL BULLETIN BOARDS AND OTHER PLACES WHERE NOTICES TO
ALL EMPLOYEES ARE CUSTOMARILY POSTED. THE ADJUTANT GENERAL SHALL TAKE
REASONABLE STEPS TO INSURE THAT SUCH NOTICES ARE NOT ALTERED, DEFACED,
OR COVERED BY ANY OTHER MATERIAL.
(B) NOTIFY THE 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., AUGUST 15, 1979
RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY
APPENDIX
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 PROHIBIT MEMBERS OF THE NATIONAL FEDERATION OF FEDERAL
EMPLOYEES FORM UTILIZING, WITHOUT THE REQUIREMENT OF PAYING UNITED
STATES POSTAGE, THE INTERNAL MAIL DISTRIBUTION FACILITIES OF THE
ARKANSAS ARMY NATIONAL GUARD, OR CHANGE OTHER LIKE MATTERS AFFECTING
WORKING CONDITIONS OF UNIT EMPLOYEES, WITHOUT FIRST MEETING AND
CONFERRING WITH THE NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL
1671.
WE WILL NOT IN ANY LIKE OR RELATED MANNER INTERFERE WITH, RESTRAIN,
OF COERCE OUR EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY
EXECUTIVE ORDER 11491, AS AMENDED.
. . .
(AGENCY OR ACTIVITY)
DATED: . . . BY: . . .
(SIGNATURE)
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 FOR THE FEDERAL LABOR RELATIONS AUTHORITY, WHOSE
ADDRESS IS: DOWNTOWN POST OFFICE STATION, BRYAN AND ERVAY STREETS, P.O.
BOX 2640, DALLAS, TEXAS 75221, AND WHOSE TELEPHONE NUMBER IS: (214)
767-4996.
LTC JERRY P. RICHARDSON
TECHNICIAN PERSONNEL OFFICER
ARKANSAS ARMY NATIONAL GUARD
NORTH LITTLE ROCK, ARKANSAS
KAY L. MATTHEWS, ESQUIRE
LITTLE ROCK, ARKANSAS /2/
FOR THE RESPONDENT
ROBERT ENGLEHART, ESQUIRE
NATIONAL FEDERATION OF
FEDERAL EMPLOYEES
WASHINGTON, D.C.
FOR THE COMPLAINANT
BEFORE: EVERETTE E. THOMAS
ADMINISTRATIVE LAW JUDGE
DECISION AND ORDER
PRELIMINARY STATEMENT
THIS CASE AROSE UNDER EXECUTIVE ORDER 11491, AS AMENDED, FOLLOWING A
COMPLAINT FILED JULY 13, 1978 AND AMENDED ON NOVEMBER 4, 1978 BY THE
NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 1671 (HEREINAFTER, THE
"UNION"), AGAINST THE ARKANSAS ARMY NATIONAL GUARD (HEREINAFTER, THE
"RESPONDENT"). A NOTICE OF HEARING WAS ISSUED BY THE REGIONAL
ADMINISTRATOR ON DECEMBER 4, 1978.
THE AMENDED COMPLAINT ALLEGED THAT RESPONDENT VIOLATED SECTION
19()(1) AND (6) OF EXECUTIVE ORDER 11491 (HEREINAFTER, THE "ORDER") BY
DENYING THE UNION POSTAGE-FREE USE OF THE ACTIVITY'S INTERNAL MAIL
DISTRIBUTION SYSTEM AFTER THE UNION HAD ESTABLISHED THE RIGHT BY PAST
USAGE FOR SOME NINE YEARS.
A HEARING WAS HELD IN LITTLE ROCK, ARKANSAS ON FEBRUARY 15, 1979.
ALL PARTIES WERE AFFORDED FULL OPPORTUNITY TO BE HEARD, TO EXAMINE AND
CROSS-EXAMINE WITNESSES AND TO INTRODUCE EVIDENCE BEARING ON THE ISSUES
INVOLVED HEREIN. UPON THE BASIS OF THE ENTIRE RECORD, INCLUDING MY
OBSERVATION OF THE WITNESSES AND THEIR DEMEANOR, AND BRIEFS SUBMITTED BY
COUNSEL OR REPRESENTATIVE FOR THE RESPECTIVE PARTIES, I MAKE THE
FOLLOWING FINDINGS AND CONCLUSIONS.
FINDINGS OF FACT
1. THE COMPLAINANT UNION, LOCAL 1671, IS, AND AT ALL TIMES MATERIAL
HEREIN HAS BEEN, THE EXCLUSIVE REPRESENTATIVE OF ARMY NATIONAL GUARD
TECHNICIANS EMPLOYED IN THE STATE OF ARKANSAS. A LABOR-MANAGEMENT
AGREEMENT WAS ENTERED BETWEEN THE PARTIES ON JULY 23, 1975, AND REMAINS
IN EFFECT.
2. CAMP ROBINSON, THE LOCATION OF THIS DISPUTE, HAS TWO DISTRIBUTION
POINTS WHICH RECEIVE BOTH EXTERNAL U.S. MAIL AND INTERNAL MAIL. THE
DISTRIBUTION POINT AT ISSUE IN THIS CASE IS THE UNITED STATES PROPERTY
AND FISCAL OFFICE (HEREINAFTER, THE USP&FO"). AT THE USP&FO MAIL ROOM,
EXTERNAL MAIL IS RECEIVED FROM THE U.S. POSTAL SERVICE DELIVERY TRUCKS
AND GUARD EMPLOYEES WHO BRING MAIL FROM VARIOUS CAMP SUB-ACTIVITIES.
THE MAIL IS THEN SORTED INTO CUBICLES FOR EACH SUB-ACTIVITY AND PICKED
UP BY ITS EMPLOYEES FOR INTERNAL DELIVERY.
3. SINCE 1969, THE UNION HAS USED THE INTERNAL MAIL SYSTEM TO
DISTRIBUTE, FREE OF POSTAGE, NEWSLETTERS, ELECTION BALLOTS, BULLETINS,
AND OTHER ITEMS OF INTEREST TO UNION MEMBERS AND OTHER UNIT EMPLOYEES.
THE UNION MAIL, WHICH WAS OFTEN BULKY, WAS DELIVERED TO THE MAIL ROOM
BEFORE THE START OF THE WORKDAY AND SORTED INTO THE CUBICLES BY UNION
MEMBERS. SUPERVISORY EMPLOYEES, INCLUDING THE USP&FO OFFICER AND HIS
ASSISTANT WOULD SOMETIMES PERSONALLY UNLOCK THE MAIL ROOM FOR EMPLOYEES
TO DELIVER UNION MAIL.
4. THE UNION'S POSTAGE-FREE USE OF THE INTERNAL MAIL DISTRIBUTION
SYSTEM WAS DISCUSSED WITH MANAGEMENT ON AT LEAST TWO SEPARATE OCCASIONS
WHEN THE USP&FO OFFICER WAS RELIEVED. THERE WAS INSUFFICIENT EVIDENCE
TO INDICATE THAT THE RIGHT TO USE THE SYSTEM WAS A SUBJECT IN FORMAL
CONTRACT NEGOTIATIONS AT ANY TIME. THIS USE WAS EITHER PERMITTED OR
OVERLOOKED BY THE USP&FO OFFICERS.
5. ARTICLE 8.1(B) OF THE LABOR-MANAGEMENT COOPERATION AGREEMENT
(UNION CONTRACT) PRESENTLY IN EFFECT, DOES MENTION THE EMPLOYER'S
TECHNICIAN PROGRAM MANUAL IN DISCUSSING THE PROCEDURE FOR RESOLVING
GRIEVANCES OR DISPUTES, BUT NOWHERE ELSE IS EITHER THE MANUAL OR USE OF
THE INTERNAL MAIL DISTRIBUTION SYSTEM DISCUSSED. I DO NOT FIND THAT THE
UNION CONTRACT COVERS THE USE OF THE MAIL SYSTEM OR INCORPORATES THE
MANUAL IN THAT REGARD.
6. CHAPTER 7-2(B) OF THE TECHNICIAN PROGRAM MANUAL DATED APRIL 24,
1974, PROHIBITS USE OF THE NATIONAL GUARD DISTRIBUTION SYSTEMS TO
DISTRIBUTE UNION MATERIALS.
7. ON MAY 9, 1978, MANAGEMENT PROHIBITED THE UNION'S USE OF THE
INTERNAL MAIL DISTRIBUTION SYSTEM AT CAMP ROBINSON WITHOUT PRIOR NOTICE
OR OPPORTUNITY FOR THE UNION TO DISCUSS THE TERMINATION.
DISCUSSION AND CONCLUSIONS
THE ISSUE IN THIS CASE IS RATHER CLEAR AND HAS BEEN SETTLED BY THE
ASSISTANT SECRETARY'S DECISION IN U.S. DEPARTMENT OF THE TREASURY,
INTERNAL REVENUE SERVICE, NEW ORLEANS DISTRICT, A/SLMR 1034(1978).
ALTHOUGH THE FACTS IN THAT CASE INCLUDED A UNILATERAL TERMINATION OF A
PAST PRACTICE OF ALLOWING THE UNION TO USE ACTIVITY TYPEWRITERS, THE
PRINCIPLE IT STANDS FOR IS APPLICABLE HERE.
AS JUDGE STERNBURG OBSERVED IN NEW ORLEANS DISTRICT, IT IS WELL
ESTABLISHED THAT THE USE OF AGENCY PROPERTY OR FACILITIES IS A PRIVILEGE
RATHER THAN A RIGHT, HOWEVER, THE CONTINUED USE OF SUCH PROPERTY OR
FACILITIES WITH THE ACTIVITY'S TACIT ASSENT MAY CREATE A VESTED INTEREST
WHICH IS TANTAMOUNT TO A CONDITION OF EMPLOYMENT. THIS RULE WAS MORE
RECENTLY AFFIRMED IN INTERNAL REVENUE SERVICE, SOUTHWEST REGION,
APPELLATE BRANCH OFFICE, NEW ORLEANS, A/SLMR 1153(1978).
RESPONDENT'S PRINCIPAL ARGUMENT IN DEFENSE OF THE PROHIBITION IS THAT
AN ACTIVITY MAY NOT KNOWINGLY PERMIT UNION ACTION WHICH IS CONTRARY TO
ESTABLISHED REGULATIONS. THIS ARGUMENT IS WITHOUT MERIT. ALTHOUGH THE
RESPONDENT CITES SEVERAL CONCLUSIONS BY ARBITRATORS WHICH ALLEGEDLY
SUPPORT THIS PROPOSITION, THE ASSISTANT SECRETARY'S DECISIONS CITED
ABOVE ARE TO THE CONTRARY. IN THE NEW ORLEANS DISTRICT CASE, SUPRA,
JUDGE STERNBURG POINTED OUT THE DISTINCTION BETWEEN A REGULATION WHICH
PERMITS MANAGEMENT TO AUTHORIZE THE USE OF GOVERNMENT PROPERTY AND ONE
WHICH MIGHT DECLARE SUCH USE ILLEGAL PER SE. HERE THE REGULATION,
ALTHOUGH NOT A MODEL OF CLARITY, SEEMS TO WITHHOLD PERMISSION FOR USE OF
THE SYSTEM RATHER THAN REFER TO SOME AUTHORITY WHICH OUT RIGHT
PROSCRIBES SUCH USE.
EVEN WITHOUT REFERRING TO SUCH A DISTINCTION THE REGULATION CANNOT BE
USED AS ABSOLUTE AUTHORITY TO PROHIBIT THE USE OF THE INTERNAL MAIL
SYSTEM BECAUSE THE REGULATION WAS ISSUED BY THE ACTIVITY AT THE
BARGAINING LEVEL. AN ACTIVITY CANNOT BE PERMITTED TO USE ITS OWN,
SELF-SERVING REGULATIONS AS A DEFENSE FOR THE UNILATERAL TERMINATION OF
AN ACTIVITY IT HAS OTHERWISE CONDONED IN THE PAST. THE REGULATION
(TECHNICIAN PROGRAM MANUAL) CITED BY RESPONDENT IS DATED APRIL 24, 1974.
THERE WAS CONSIDERABLE SUPPORT FOR THE FINDING THAT THE PRACTICE WAS
WELL ESTABLISHED LONG BEFORE THAT DATE. BY ALLOWING THE USE OF THE
DISTRIBUTION SYSTEM, THE ACTIVITY HAD ESTABLISHED A TERM AND CONDITION
OF EMPLOYMENT WHICH IT COULD NOT TERMINATE WITHOUT FIRST BARGAINING IN
GOOD FAITH.
IN VIEW OF THE FOREGOING, I FIND THAT THE RESPONDENT HEREIN VIOLATED
SECTION 19(A)(1) AND (6) OF EXECUTIVE ORDER 11491 BY ITS UNILATERAL
TERMINATION OF THE UNION'S USE OF THE INTERNAL MAIL DISTRIBUTION SYSTEM
AT THE ACTIVITY.
ORDER
PURSUANT TO SECTION 6(B) OF EXECUTIVE ORDER 11491, AS AMENDED, AND
SECTION 203.26 OF THE REGULATIONS, THE FEDERAL LABOR RELATIONS AUTHORITY
HEREBY ORDERS THAT THE ARKANSAS ARMY NATIONAL GUARD SHALL:
1. CEASE AND DESIST FROM:
(A) PROHIBITING THE MEMBERS OF THE NATIONAL FEDERATION OF FEDERAL
EMPLOYEES FORM UTILIZING, WITHOUT THE REQUIREMENT OF UNITED STATES
POSTAGE, THE INTERNAL MAIL DISTRIBUTION FACILITIES OF THE ARKANSAS ARMY
NATIONAL GUARD, OR CHANGING OTHER LIKE MATTERS AFFECTING THE WORKING
CONDITIONS OF UNIT EMPLOYEES, WITHOUT FIRST MEETING AND CONFERRING WITH
THE NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 1671.
(B) IN ANY LIKE OR RELATED MANNER INTERFERING WITH, RESTRAINING, OR
COERCING EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY EXECUTIVE
ORDER 11491, AS AMENDED.
2. TAKE THE FOLLOWING AFFIRMATIVE ACTIONS IN ORDER TO EFFECTUATE THE
PURPOSES AND POLICIES OF THE ORDER.
(A) POST AT ALL ITS FACILITIES COPIES OF THE ATTACHED NOTICE MARKED
"APPENDIX" ON FORMS TO BE FURNISHED BY THE FEDERAL LABOR RELATIONS
AUTHORITY. UPON RECEIPT OF SUCH FORMS THEY SHALL BE SIGNED BY THE
ADJUTANT GENERAL OF THE ARKANSAS ARMY NATIONAL GUARD AND SHALL BE POSTED
AND MAINTAINED BY HIM FOR 60 CONSECUTIVE DAYS THEREAFTER, IN CONSPICUOUS
PLACES, INCLUDING ALL BULLETIN BOARDS AND OTHER PLACES WHERE NOTICES TO
ALL EMPLOYEES ARE CUSTOMARILY POSTED. THE ADJUTANT GENERAL SHALL TAKE
REASONABLE STEPS TO INSURE THAT SUCH NOTICES ARE NOT ALTERED, DEFACED OR
COVERED BY ANY OTHER MATERIAL.
(B) PURSUANT TO SECTION 203.27 OF THE REGULATIONS, NOTIFY THE FEDERAL
LABOR RELATIONS AUTHORITY IN WRITING, WITHIN THIRTY (30) DAYS FROM THE
DATE OF THIS ORDER, WHAT STEPS HAVE BEEN TAKEN TO COMPLY WITH THE SAID
ORDER.
EVERETTE E. THOMAS
ADMINISTRATIVE LAW JUDGE
DATED: 4-17-79
WASHINGTON, D.C.
APPENDIX
NOTICE TO ALL EMPLOYEES PURSUANT TO A DECISION AND ORDER OF
THE FEDERAL LABOR RELATIONS AUTHORITY AND IN ORDER TO
EFFECTUATE THE POLICIES OF EXECUTIVE ORDER 11491, AS
AMENDED WE HEREBY NOTIFY OUR EMPLOYEES THAT:
WE WILL NOT PROHIBIT MEMBERS OF THE NATIONAL FEDERATION OF FEDERAL
EMPLOYEES FROM UTILIZING, WITHOUT THE REQUIREMENT OF UNITED STATES
POSTAGE, THE INTERNAL MAIL DISTRIBUTION FACILITIES OF THE ARKANSAS ARMY
NATIONAL GUARD OR CHANGE OTHER LIKE MATTERS AFFECTING WORKING CONDITIONS
OF UNIT EMPLOYEES, WITHOUT FIRST MEETING AND CONFERRING WITH THE
NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 1671.
WE WILL NOT IN ANY LIKE OR RELATED MANNER INTERFERE WITH, RESTRAIN,
OR COERCE OUR EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY
EXECUTIVE ORDER 11491, AS AMENDED.
. . .
(AGENCY OR ACTIVITY)
DATED: . . . BY: . . .
(SIGNATURE)
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 THE EMPLOYEES HAVE ANY QUESTIONS CONCERNING THIS NOTICE OR
COMPLIANCE WITH ANY OF ITS PROVISIONS, THEY MAY COMMUNICATE DIRECTLY
WITH THE REGIONAL DIRECTOR, DALLAS REGIONAL OFFICE, ROOM 707, 555
GRIFFIN SQUARE BUILDING, GRIFFIN & YOUNG STREETS, DALLAS, TEXAS 75202.
/1/ IN CONFORMITY WITH SECTION 902(B) OF THE CIVIL SERVICE REFORM ACT
OF 1978 (92 STAT. 1224) THE PRESENT CASE IS DECIDED SOLELY ON THE BASIS
OF EXECUTIVE ORDER 11491, AS AMENDED, AND AS IF THE NEW FEDERAL SERVICE
LABOR-MANAGEMENT RELATIONS STATUTE (92 STAT. 1191) HAD NOT BEEN ENACTED.
THE DECISION AND ORDER DOES NOT PREJUDGE IN ANY MANNER EITHER THE
MEANING OR APPLICATION OF RELATED PROVISIONS IN THE NEW STATUTE OR THE
RESULT WHICH WOULD BE REACHED BY THE AUTHORITY IF THE CASE HAD ARISEN
UNDER THE STATUTE RATHER THAN THE EXECUTIVE ORDER.
/2/ MR. MATTHEWS WAS GRANTED PERMISSION TO WITHDRAW AS COUNSEL DURING
THE HEARING.