Department of the Air Force, Malmstrom Air Force Base, Malmstrom Air Force Base, Montana (Respondent) and American Federation of Government Employees, Local 2609, AFL-CIO (Complainant) 

 



[ v02 p12 ]
02:0012(2)CA
The decision of the Authority follows:


 2 FLRA No. 2
 
 DEPARTMENT OF THE AIR FORCE
 MALMSTROM AIR FORCE BASE
 MALMSTROM AIR FORCE BASE, MONTANA
 Respondent
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 2609, AFL-CIO
 Complainant
 
                                            Assistant Secretary
                                            Case No. 61-4022(CA)
 
                            DECISION AND ORDER
 
    ON MARCH 13, 1979, ADMINISTRATIVE LAW JUDGE ALFRED LINDEMAN ISSUED
 HIS RECOMMENDED DECISION AND ORDER IN THE ABOVE-- ENTITLED PROCEEDING,
 FINDING THAT THE RESPONDENT HAD ENGAGED IN THE UNFAIR LABOR PRACTICES
 ALLEGED IN THE COMPLAINT 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.  THE
 RESPONDENT FILED EXCEPTIONS WITH RESPECT TO THE ADMINISTRATIVE LAW
 JUDGE'S RECOMMENDED DECISION AND ORDER AND THE COMPLAINANT FILED A BRIEF
 IN REPLY THERETO.
 
    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,
 INCLUDING THE EXCEPTIONS FILED BY THE RESPONDENT AND THE COMPLAINANT'S
 BRIEF IN REPLY THERETO, THE AUTHORITY HEREBY ADOPTS THE ADMINISTRATIVE
 LAW JUDGE'S FINDINGS, CONCLUSIONS AND RECOMMENDATIONS AS MODIFIED
 HEREIN.
 
    THE ADMINISTRATIVE LAW JUDGE CONCLUDED THAT THE RESPONDENT VIOLATED
 SECTION 19(A)(1) AND (6) OF THE ORDER WHEN IT CHANGED POLICIES GOVERNING
 TRAFFIC AND PARKING VIOLATIONS AT THE ACTIVITY WITHOUT FIRST AFFORDING
 THE COMPLAINANT WITH AN OPPORTUNITY TO NEGOTIATE CONCERNING THE DECISION
 TO CHANGE SUCH POLICIES OR THE IMPACT OF ITS IMPLEMENTATION.  MORE
 SPECIFICALLY, THE CHANGE INVOLVED WAS THE DECISION OF THE BASE COMMANDER
 TO INSTITUTE A "MAGISTRATE SYSTEM" AS THE METHOD FOR HANDLING BASE
 TRAFFIC AND PARKING VIOLATIONS.  IN REACHING THIS CONCLUSION, THE
 ADMINISTRATIVE LAW JUDGE FOUND, AMONG OTHER THINGS, THAT THE DECISION TO
 IMPLEMENT THE NEW SYSTEM WAS A CHANGE IN A MATTER AFFECTING WORKING
 CONDITIONS WITHIN THE MEANING OF SECTION 11(A) OF THE ORDER AND,
 CONSEQUENTLY, THE RESPONDENT WAS OBLIGATED TO NEGOTIATE OVER BOTH THE
 CHANGE AND THE IMPACT OF ITS IMPLEMENTATION.
 
    THE ADMINISTRATIVE LAW JUDGE'S RECOMMENDATION IS ADOPTED INSOFAR AS
 IT WOULD FIND A VIOLATION OF SECTION 19(A)(1) AND (6) IN THE
 RESPONDENT'S FAILURE TO NOTIFY THE COMPLAINANT AND AFFORD IT AN
 OPPORTUNITY TO BARGAIN OVER THE IMPACT AND IMPLEMENTATION OF THE
 "MAGISTRATE SYSTEM" ON BARGAINING UNIT EMPLOYEES INVOLVED HEREIN.  /1/
 HOWEVER, CONTRARY TO THE ADMINISTRATIVE LAW JUDGE, IT IS CONCLUDED THAT
 THE RESPONDENT WAS UNDER NO OBLIGATION TO MEET AND CONFER WITH THE
 COMPLAINANT OVER ITS DECISION TO MAKE THE CHANGE.  SECTION 12(B)(5) OF
 THE EXECUTIVE ORDER RESERVES TO AGENCY MANAGEMENT THE RIGHT "TO
 DETERMINE THE METHODS, MEANS, AND PERSONNEL BY WHICH . . . OPERATIONS
 ARE TO BE CONDUCTED." IN THE AUTHORITY'S VIEW, THE RESPONDENT'S DECISION
 TO TRANSFER PROCESSING OF TRAFFIC OFFENSES TO A UNITED STATES MAGISTRATE
 CLEARLY FALLS WITHIN THE AMBIT OF THAT SECTION OF THE ORDER.  AS
 SUBJECTS ENCOMPASSED WITHIN SECTION 12(B) OF THE ORDER ARE
 NON-NEGOTIABLE, IT FOLLOWS THAT THE RESPONDENT HAD NO BARGAINING
 OBLIGATION IN THIS REGARD.  /2/
 
    CONSISTENT WITH THIS DECISION, THE AUTHORITY HEREBY ISSUES THE
 FOLLOWING ORDER:  /3/
 
                                   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 DEPARTMENT OF THE AIR FORCE, MALMSTROM AIR FORCE BASE,
 MALMSTROM AIR FORCE BASE, MONTANA, SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) INSTITUTING A "MAGISTRATE SYSTEM" AS THE METHOD OF HANDLING
 TRAFFIC OFFENSES AT MALMSTROM AIR FORCE BASE WITHOUT FIRST AFFORDING THE
 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 2609, AFL-CIO, THE
 EMPLOYEES' EXCLUSIVE BARGAINING REPRESENTATIVE, A REASONABLE OPPORTUNITY
 TO MEET AND CONFER, TO THE EXTEND CONSONANT WITH LAW AND REGULATIONS, ON
 THE PROCEDURES TO BE OBSERVED IN IMPLEMENTING SUCH SYSTEM AND THE IMPACT
 OF THE SYSTEM ON ADVERSELY AFFECTED EMPLOYEES.
 
    (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:
 
    (A) UPON REQUEST BY THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 LOCAL 2609, AFL-CIO, MEET AND CONFER, TO THE EXTENT CONSONANT WITH LAW
 AND REGULATIONS, CONCERNING THE PROCEDURES TO BE OBSERVED IN INSTITUTING
 A "MAGISTRATE SYSTEM" AS THE METHOD OF HANDLING TRAFFIC OFFENSES, AND ON
 THE IMPACT SUCH SYSTEM WILL HAVE ON ADVERSELY AFFECTED EMPLOYEES.
 
    (B) POST AT ITS FACILITY AT MALMSTROM AIR FORCE BASE 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 BASE COMMANDER AND SHALL BE POSTED AND MAINTAINED
 FOR 60 CONSECUTIVE DAYS THEREAFTER, IN CONSPICUOUS PLACES, INCLUDING
 BULLETIN BOARDS AND OTHER PLACES WHERE NOTICES TO EMPLOYEES ARE
 CUSTOMARILY POSTED.  THE BASE COMMANDER SHALL TAKE REASONABLE STEPS TO
 ENSURE THAT SUCH NOTICES ARE NOT ALTERED, DEFACED, OR COVERED BY ANY
 OTHER MATERIAL.
 
    (C) 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.
 
    IT IS HEREBY FURTHER ORDERED THAT THE REMAINDER OF THE COMPLAINT IN
 ASSISTANT SECRETARY CASE NO. 61-4022(CA) BE, AND IT HEREBY IS,
 DISMISSED.
 
    ISSUED, WASHINGTON, D.C., OCTOBER 19, 1979
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                   FEDERAL LABOR RELATIONS AUTHORITY /4/
 
        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 INSTITUTE A "MAGISTRATE SYSTEM" AS THE METHOD OF HANDLING
 TRAFFIC OFFENSES AT MALMSTROM AIR FORCE BASE WITHOUT FIRST AFFORDING THE
 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 2609, AFL-CIO, THE
 EMPLOYEES' EXCLUSIVE BARGAINING REPRESENTATIVE, A REASONABLE OPPORTUNITY
 TO MEET AND CONFER, TO THE EXTENT CONSONANT WITH LAW AND REGULATIONS, ON
 THE PROCEDURES TO BE OBSERVED IN IMPLEMENTING SUCH SYSTEM AND THE IMPACT
 OF THE SYSTEM ON ADVERSELY AFFECTED EMPLOYEES.
 
    WE WILL NOT IN ANY LIKE OR RELATED MANNER INTERFERE WITH, RESTRAIN,
 OR COERCE EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY EXECUTIVE
 ORDER 11491, AS AMENDED.
 
    WE WILL, UPON REQUEST, MET AND CONFER WITH THE AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, LOCAL 2609, AFL-CIO, TO THE EXTENT CONSONANT WITH
 LAW AND REGULATIONS, CONCERNING THE PROCEDURES TO BE OBSERVED IN
 INSTITUTING A "MAGISTRATE SYSTEM" AS THE METHOD OF HANDLING TRAFFIC
 OFFENSES, AND ON THE IMPACT OF SUCH SYSTEM ON ADVERSELY AFFECTED
 EMPLOYEES.
 
                           (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 ANY EMPLOYEES HAVE ANY QUESTIONS CONCERNING THIS NOTICE OR
 COMPLIANCE WITH ANY OF ITS PROVISIONS, THEY MAY COMMUNICATE DIRECTLY
 WITH THE REGIONAL DIRECTOR OF THE FEDERAL LABOR RELATIONS AUTHORITY,
 WHOSE ADDRESS IS:  CITY CENTER SQUARE, 1100 MAIN STREET, SUITE 680,
 KANSAS CITY, MISSOURI 64105, AND WHOSE TELEPHONE NUMBER IS:  (816)
 374-2199.
 
    MAJOR WILLIAM CREGAR
 
    UNITED STATES AIR FORCE
 
    CENTRAL LABOR LAW OFFICE
 
    RANDOLPH AIR FORCE BASE, TEXAS 78148
 
                            FOR THE RESPONDENT
 
    WAYNE A. CRABTREE
 
    NATIONAL REPRESENTATIVE
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES
 
    STAR ROUTE 1, BOX 72
 
    EAST EMERALD LAKE DRIVE
 
    GRAPEVIEW, WASHINGTON 98546
 
                            FOR THE COMPLAINANT
 
    BEFORE:  ALFRED LINDEMAN
 
                         ADMINISTRATIVE LAW JUDGE
 
                            DECISION AND ORDER
 
    THIS PROCEEDING ARISES UNDER EXECUTIVE ORDER 11491, AS AMENDED
 (HEREINAFTER THE "EXECUTIVE ORDER"), PURSUANT TO A COMPLAINT DATED JULY
 21, 1978, AND AN AMENDED COMPLAINT DATED AUGUST 1, 1978, WHEREIN
 COMPLAINANT, LOCAL 2609 OF THE AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, CHARGES THE RESPONDENT, DEPARTMENT OF THE AIR FORCE,
 MALMSTROM AIR FORCE BASE, MALMSTROM AIR FORCE BASE, MONTANA, WITH
 VIOLATING SECTIONS 19(A)(1) AND (6) OF THE EXECUTIVE ORDER IN CONNECTION
 WITH THE DECISION BY THE BASE COMMANDER IN MAY AND JUNE OF 1978 TO
 INSTITUTE A "MAGISTRATE SYSTEM" FOR DEALING WITH TRAFFIC AND PARKING
 VIOLATIONS ON MALMSTROM AIR FORCE BASE.  THE RESPONDENT FILED AN ANSWER
 AND STATEMENT OF FACTS DATED AUGUST 15, 1978, DENYING THE ALLEGATIONS OF
 THE COMPLAINT.  SUBSEQUENTLY, ON OCTOBER 18, 1978, THE ACTING REGIONAL
 ADMINISTRATOR OF THE LABOR-MANAGEMENT SERVICES ADMINISTRATION ISSUED A
 NOTICE OF HEARING ON COMPLAINT ALLEGING VIOLATIONS OF SECTION 19 OF
 EXECUTIVE ORDER 11491, AS AMENDED.  THIS DECISION, PURSUANT TO
 TRANSITION RULES AND REGULATIONS, FEDERAL REGISTER, VOL. 44, NO. 1,
 JANUARY 2, 1979, PAGES 7-8, IS ISSUED IN THE NAME OF THE FEDERAL LABOR
 RELATIONS AUTHORITY AND, IN ACCORDANCE WITH SEC.  2400.2 (5 C.F.R.
 2400.2) OF THE TRANSITION RULES AND REGULATIONS, SHALL BE PROCESSED BY
 THE AUTHORITY IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE
 ASSISTANT SECRETARY FOR LABOR-MANAGEMENT RELATIONS, TITLE 29, CODE OF
 FEDERAL REGULATIONS, PART 201, ET SEQ., EXCEPT THAT THE WORK "AUTHORITY"
 SHALL BE SUBSTITUTED WHEREVER THE WORDS "ASSISTANT SECRETARY" APPEAR IN
 THE RULES AND REGULATIONS OF THE OFFICE OF THE ASSISTANT SECRETARY.
 
    A HEARING WAS HELD IN GREAT FALLS, MONTANA, ON JANUARY 18, 1979, AT
 WHICH BOTH PARTIES WERE AFFORDED FULL OPPORTUNITY TO BE HEARD, TO ADDUCE
 EVIDENCE, AND TO CALL, EXAMINE AND CROSS-EXAMINE WITNESSES.
 POST-HEARING BRIEFING, AS REQUESTED BY THE PARTIES, HAS BEEN FULLY
 CONSIDERED.  UPON THE ENTIRE RECORD IN THIS CASE, I MAKE THE FOLLOWING
 FINDINGS OF FACT, CONCLUSIONS AND ORDER.
 
                             FINDINGS OF FACT
 
    1.  THE COMPLAINANT UNION HAS AT ALL TIMES RELEVANT TO THIS
 PROCEEDING HAD EXCLUSIVE RECOGNITION AS REPRESENTATIVE OF THE BARGAINING
 UNIT OF WHICH ELIGIBLE EMPLOYEES ARE MEMBERS.  APPROXIMATELY 500
 EMPLOYEES ARE CURRENTLY MEMBERS OF SAID UNIT.
 
    2.  SOMETIME IN MAY 1978, THE BASE COMMANDER OF MALMSTROM AIR FORCE
 BASE, COLONEL EDGAR A. GILL, DECIDED TO INSTITUTE A SYSTEM KNOWN AS THE
 MAGISTRATE SYSTEM ON THE BASE.  UNDER THE MAGISTRATE SYSTEM ALL
 CIVILIANS CITED WITH TRAFFIC AND PARKING VIOLATIONS BY THE BASE POLICE
 ARE REFERRED TO THE U.S. MAGISTRATE IN GREAT FALLS, EITHER TO PLEAD
 THEIR INNOCENCE OR TO PAY THE AMOUNT SPECIFIED FOR THE CHARGED CATEGORY
 OF OFFENSE.  UNDER AIR FORCE REGULATION 110-15, DATED MAY 4, 1972, ALL
 BASE COMMANDERS HAVE HAD DISCRETION WHETHER OR NOT TO INSTITUTE THIS
 SYSTEM (RESPONDENT'S EXHIBIT 1).
 
    3.  ALTHOUGH THE MAGISTRATE SYSTEM WAS ALLEGED TO HAVE BEEN UTILIZED
 AT MALMSTROM AIR FORCE BASE AT SOME UNSPECIFIED TIME IN THE DISTANT
 PAST, DURING THE YEARS IMMEDIATELY PRECEDING MAY 1978 A "POINT SYSTEM"
 HAD BEEN EMPLOYED UNDER WHICH CIVILIANS WHO WERE CHARGED WITH MOVING
 VIOLATIONS WERE ASSESSED A CERTAIN NUMBER OF POINTS, WITH THE MAXIMUM
 NUMBER OF POINTS (12) RESULTING IN REVOCATION OF DRIVING PRIVILEGES ON
 THE BASE.  OTHER REMEDIAL MEASURES IMPOSED INCLUDED COUNSELING, DRIVING
 TRAINING, AND REFERRAL TO ALCOHOL/DRUG TREATMENT REHABILITATION.  NO
 MONETARY PENALTIES WERE IMPOSED (RESPONDENT'S EXHIBIT 2).
 
    4.  BASED UPON LEGAL ADVICE RECEIVED FROM HIS CHIEF LEGAL OFFICER,
 COLONEL GILL TOOK THE POSITION THAT THE DECISION TO INSTITUTE AND
 IMPLEMENT THE MAGISTRATE SYSTEM WAS NOT SUBJECT TO THE NEGOTIATION
 REQUIREMENTS OF EXECUTIVE ORDER 11491.  COLONEL GILL THEREFORE
 INSTRUCTED HIS REPRESENTATIVES TO CONTACT THE UNION TO GIVE THEM
 NECESSARY INFORMATION REGARDING THE MAGISTRATE SYSTEM.  PURSUANT TO THAT
 DIRECTION TWO REPRESENTATIVES OF THE RESPONDENT ATTENDED A UNION MEETING
 ON MAY 24, 1978.  AFTER SAID REPRESENTATIVES ADVISED THE UNION THAT THE
 MAGISTRATE SYSTEM WAS TO APPLY TO UNION MEMBERS, THE UNION'S PRESIDENT
 TOOK THE POSITION THAT THE DECISION TO INSTITUTE THE SYSTEM WAS A
 "NEGOTIABLE ITEM" AND RESPONDENT'S REPRESENTATIVES WERE ASKED TO LEAVE
 THE MEETING.  AT A SUBSEQUENT MEETING REQUESTED BY THE UNION IN COLONEL
 GILL'S OFFICE ON MAY 30, 1978, COLONEL GILL ADHERED TO THE POSITION THAT
 THE DECISION TO INSTITUTE THE MAGISTRATE SYSTEM WAS NOT NEGOTIABLE.
 ACTUAL IMPLEMENTATION OF THE SYSTEM OFFICIALLY COMMENCED THAT DAY, AND
 THE FIRST TICKET UNDER IT WAS ISSUED TO A CIVILIAN EMPLOYEE ON JUNE 7,
 1978 (TR. 81).
 
    5.  ON JUNE 7, 1978, THE UNION PRESIDENT FILED A FORMAL WRITTEN
 REQUEST FOR NEGOTIATION (COMPLAINANT'S EXHIBIT 1) AND AFTER A WRITTEN
 DENIAL FROM COLONEL GILL DATED JUNE 13, 1978 (COMPLAINANT'S EXHIBIT 2),
 THE UNION'S NATIONAL REPRESENTATIVE FILED A FORMAL CHARGE DATED JUNE 30,
 1978, UNDER THE EXECUTIVE ORDER (COMPLAINANT'S EXHIBIT 3). ON JULY 13,
 1978, COLONEL GILL RESPONDED STATING:  "NEITHER THE DECISION TO
 INSTITUTE THE MAGISTRATE COURT SYSTEM AT MALMSTROM AIR FORCE BASE NOR
 THE IMPLEMENTATION OF THAT DECISION IS NEGOTIABLE." (COMPLAINANT'S
 EXHIBIT 4).  ALTHOUGH RESPONDENT HAS ARGUED THAT ITS REPRESENTATIVES
 WERE NOT ALLOWED TO CONTINUE DESCRIBING THE MAGISTRATE SYSTEM TO UNION
 MEMBERS AT THEIR MAY 24, 1978 MEETING, AND THAT THE UNION NEVER
 PRESENTED ANY WRITTEN ISSUES FOR NEGOTIATION, IT IS CLEAR FROM THE
 TESTIMONY THAT THE UNION WAS AT ALL TIMES BEING PRESENTED WITH AN
 ACCOMPLISHED FACT (I.E., "THE ACTIVITIES THAT WERE TAKING PLACE") (TR.
 P. 72);  IT WAS NOT BEING AFFORDED THE OPPORTUNITY TO DISCUSS THE
 ADVERSE IMPACT OF THE SYSTEM ON ITS MEMBERS.  INDEED, IT IS CLEAR FROM
 THE RECORD THAT THROUGHOUT HIS DEALINGS WITH THE UNION ON THIS MATTER
 THE BASE COMMANDER WAS UNIFORMLY CONSISTENT IN TAKING THE POSITION THAT
 NO ASPECT OF THE MAGISTRATE SYSTEM WAS OPEN TO NEGOTIATIONS (TR. 91,
 93-4).
 
    6.  THE EVIDENCE IS UNCONTROVERTED THAT PARKING TICKETS, TRAFFIC
 VIOLATIONS AND CITATIONS FOR EXPIRED LICENSE PLATES RECEIVED SINCE THE
 INSTITUTION OF THE MAGISTRATE SYSTEM INVOLVE THE PAYMENT OF SPECIFIED
 MONETARY PENALTIES AND/OR APPEARANCE BEFORE THE U.S.  MAGISTRATE,
 WHEREAS PREVIOUSLY SUCH INFRACTIONS WERE HANDLED WITHIN THE "POINT
 SYSTEM" WITHOUT IMPOSITION OF MONETARY PENALTIES.  /5/
 
    7.  THERE HAS BEEN NO PROOF PRESENTED TO SUPPORT RESPONDENT'S
 ASSERTION THAT THE SYSTEM OF REFERRING CIVILIAN TRAFFIC AND PARKING
 VIOLATORS TO THE U.S.  MAGISTRATE HAD A REAL RELATIONSHIP TO THE
 MAINTENANCE OF THE BASE'S INTERNAL SECURITY.  RATHER, THE RECORD
 INDICATES THE DECISION TO INSTITUTE THE NEW SYSTEM WAS MADE TO PRODUCE A
 UNIFORMITY OF TREATMENT FOR INFRACTIONS INCURRED BY ALL CIVILIANS ON THE
 BASE, WHETHER THEY ARE EMPLOYEES, DEPENDENTS OR VISITORS (TR. 55-6,
 92-3).
 
                                CONCLUSIONS
 
    THE THRESHOLD ISSUE THUS PRESENTED IS WHETHER THE DECISION TO
 IMPLEMENT THE MAGISTRATE SYSTEM WAS A MATTER AFFECTING WORKING
 CONDITIONS WITHIN THE MEANING OF SECTION 11(A) OF THE EXECUTIVE ORDER,
 THEREBY REQUIRING THE RESPONDENT TO PROVIDE THE UNION WITH AN
 OPPORTUNITY TO MEET AND CONFER CONCERNING SAID DECISION.  THE RESPONDENT
 HAS VARIOUSLY CLAIMED AS THE BASIS FOR ITS POSITION REFUSING
 NEGOTIATION:  (1) THAT THE DECISION WAS "MADE IN THE (COMMANDER'S)
 CAPACITY OF MANAGER RATHER THAN EMPLOYER," (2) THAT "THE (MAGISTRATE)
 SYSTEM IS APPLIED TO ALL CIVILIANS ON BASE . . . AND DOES NOT AFFECT THE
 TERMS AND CONDITIONS OF EMPLOYMENT," AND (3) THAT "THE IMPLEMENTATION OF
 THE MAGISTRATE SYSTEM FALLS WITHIN THIS AGENCY'S INTERNAL SECURITY
 PRACTICES, AND, CONSEQUENTLY, IS EXEMPT FROM ANY REQUIREMENT TO MEET AND
 CONFER, AS PER THE EXEMPTIONS LISTED IN SECTION 11(B), EXECUTIVE ORDER
 11491" (COMPLAINANT'S EXHIBIT 2).  THE RESPONDENT HAS OFFERED TWO CASES
 AS LEGAL SUPPORT FOR ITS POSITION, DEPARTMENT OF THE NAVY, NORFOLK NAVAL
 SHIPYARD, A/SLMR NO. 805 (MARCH 1, 1977), THE PARTICULAR CASE RELIED
 UPON BY THE LEGAL OFFICER IN ADVISING COLONEL GILL, AND WARNER ROBINS
 AIR LOGISTICS CENTER, ROBINS AIR FORCE BASE, GEORGIA, CASE NO.
 40-7581(CA), REQUEST FOR REVIEW NO. 909, DECISION OF THE ASSISTANT
 SECRETARY, DATED JULY 7, 1977.  I CONCLUDE RESPONDENT'S RELIANCE ON SAID
 CASES IS MISPLACED.
 
    IN THE NORFOLK NAVAL SHIPYARD CASE, THE NAVY PUBLISHED A NOTICE
 INFORMING ALL MOTOR VEHICLE OPERATORS WITHIN THE SHIPYARD THAT,
 EFFECTIVE IMMEDIATELY, RADAR WOULD BE USED TO ENFORCE POSTED SPEED
 LIMITS.  THE ASSISTANT SECRETARY FOUND THAT NO PROVISION OF THE
 PREVIOUSLY EXISTING REGULATIONS "RELATING TO SPEED LIMITS OR THE
 PENALTIES FOR VIOLATION THEREOF WAS CHANGED" AND THEREFORE HE CONCLUDED
 THAT UNDER THESE CIRCUMSTANCES THE RESPONDENT WAS NOT REQUIRED TO MEET
 AND CONFER WITH THE COMPLAINANT CONCERNING THE NEW METHOD OF ENFORCING
 THE EXISTING POLICY (A/SLMR NO. 805 AT P. 2).
 
    THE ROBINS AIR FORCE BASE MATTER INVOLVED A REQUEST FOR REVIEW FROM A
 REGIONAL ADMINISTRATOR'S DETERMINATION THAT A BASE COMMANDER'S ANNOUNCED
 POLICY OF SUSPENDING BASE DRIVING PRIVILEGES OF PERSONS RESPONSIBLE FOR
 TRAFFIC ACCIDENTS ONLY INCIDENTALLY AFFECTED UNION EMPLOYEES AND WAS
 THUS NOT A VALID BASIS FOR OBLIGATING THAT RESPONDENT WAS TO CONSULT AND
 NEGOTIATE WITH THE UNION.  THE ASSISTANT SECRETARY UPHELD THE DISMISSAL
 OF THE COMPLAINT AND THE FEDERAL LABOR RELATIONS COUNCIL DENIED THE
 PETITION FOR REVIEW BECAUSE "THE EVIDENCE FAILS TO ESTABLISH THAT THE
 SUBJECT POLICY COMPLAINED OF EFFECTED ANY REAL CHANGE IN EMPLOYEE TERMS
 AND CONDITIONS OF EMPLOYMENT" (FLRC NO. 77A-83), DECEMBER 20, 1977,
 REPORT NUMBER 139, DECEMBER 22, 1977.  SIGNIFICANTLY, PRIOR TO THE
 INSTITUTION OF THE POLICY WHICH AUTOMATICALLY IMPOSED SUSPENSION OF BASE
 DRIVING PRIVILEGES FOR ACCIDENTS, THERE EXISTED A POINT SYSTEM UNDER
 WHICH SUSPENSION WOULD RESULT AFTER AN ACCUMULATION OF 12 POINTS (IT
 APPEARS THAT SAID POINT SYSTEM IS THE SAME POINT SYSTEM ALLUDED TO IN
 THE INSTANT MATTER;  SEE RESPONDENT'S EXHIBIT 2).
 
    IN CONTRAST, THE MAGISTRATE SYSTEM INSTITUTED AT MALMSTROM AIR FORCE
 BASE DID INTRODUCE REAL CHANGES IN EMPLOYEE WORKING CONDITIONS WHICH I
 FIND CLEARLY DISTINGUISHABLE FROM THE CHANGES INVOLVED IN NORFOLK AND
 ROBINS.  SPECIFICALLY, THE MAGISTRATE SYSTEM DID NOT MERELY INTRODUCE
 THE USE OF NEW EQUIPMENT (RADAR) TO ENFORCE EXISTING REGULATIONS AND IT
 DID NOT MAINTAIN THE SAME SANCTIONS FOR MOTOR VEHICLE INFRACTIONS.
 RATHER, IT CREATED NEW PENALTIES FOR INFRACTIONS INCURRED WHILE
 OPERATING EITHER GOVERNMENT OR PRIVATE VEHICLES, AND THUS IT DID
 MATERIALLY CHANGE THE RESULT EMPLOYEES WERE ACCUSTOMED TO WHEN CITED
 FOR
 TRAFFIC VIOLATIONS ON THE BASE.  FOR EXAMPLE, PREVIOUSLY FAILURE TO HAVE
 A CURRENT LICENSE PLATE REGISTRATION ONLY ACCRUED POINTS, WHEREAS UNDER
 THE MAGISTRATE SYSTEM SUCH AN INFRACTION IS SUBJECT TO A $20.00 PENALTY
 (TR. PP. 41-2).  PRIOR TO INSTITUTING THE CURRENT SYSTEM THERE WERE NO
 PENALTIES FOR PARKING VIOLATIONS, BUT UNDER THE NEW SYSTEM THERE IS A
 $10.00 FINE (TR. 26).  DRIVING UNDER THE INFLUENCE OF ALCOHOL PREVIOUSLY
 ONLY SUBJECTED THE DRIVER TO THE POINT SYSTEM;  UNDER THE MAGISTRATE
 SYSTEM MONETARY PENALTIES AND A POSSIBLE EFFECT ON HIS DRIVER'S LICENSE
 AND INSURANCE ARE INVOLVED (TR. PP. 47-8).  ACCORDINGLY, I MUST CONCLUDE
 THE RESPONDENT'S DECISION TO IMPLEMENT THIS SYSTEM WAS A MATTER
 AFFECTING WORKING CONDITIONS WITHIN THE MEANING OF SECTION 11(A) OF THE
 EXECUTIVE ORDER.  SEE DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION
 ADMINISTRATION, METROPOLITAN WASHINGTON AIRPORT SERVICE, ET AL., A/SLMR
 NO. 1062 (JUNE 13, 1978) (CHANGE IN EMPLOYEE PARKING PERMIT FEES HELD A
 MATTER AFFECTING WORKING CONDITIONS);  FEDERAL AVIATION ADMINISTRATION,
 FAA AERONAUTICAL CENTER, OKLAHOMA, A/SLMR NO. 1047 (MAY 17, 1978)
 (CHANGE IN AGENCY POLICIES CONCERNING PENALTIES FOR PARKING AND TRAFFIC
 VIOLATIONS);  GENERAL SERVICES ADMINISTRATION, REGION III, PUBLIC
 BUILDING SERVICE, CENTRAL SUPPORT FIELD OFFICE, A/SLMR NO. 582, 5 A/SLMR
 706 (1975) (CHANGE IN POLICY CONCERNING PARKING PRIVILEGES AFFECTED
 WORKING CONDITIONS);  U.S. ARMY ELECTRONICS COMMAND, FORT MONMOUTH, NEW
 JERSEY, A/SLMR NO. 658 A/SLMR 228 (MAY 25, 1976) (POLICY CONCERNING
 MOTOR VEHICLE REGISTRATION AFFECTED WORKING CONDITIONS);  SOCIAL
 SECURITY ADMINISTRATION, BUREAU OF HEARINGS AND APPEALS, A/SLMR NO. 828,
 7 A/SLMR NO. 337 (APRIL 19, 1977) (NEW PROCEDURE FOR ISSUING PARKING
 PASSES WAS A MATTER AFFECTING WORKING CONDITIONS);  CF., DEPARTMENT OF
 HEW, SOCIAL SECURITY ADMINISTRATION, BUREAU OF RETIREMENT AND SURVIVORS
 INSURANCE, NORTHEASTERN PROGRAM SERVICE CENTER, A/SLMR NO. 1170
 (DECEMBER 28, 1978) (PARKING PRIVILEGES ARE WORKING CONDITIONS).
 
    RESPONDENT ATTEMPTS TO DISTINGUISH THE FOREGOING CASES ON THE GROUND
 THEY INVOLVED CHANGES OF RULES CONCERNED SOLELY WITH THE PARTICULAR
 PARKING OR MOTOR VEHICLE REGULATION IN QUESTION, WHEREAS THE MAGISTRATE
 SYSTEM WAS NOT NEGOTIABLE BECAUSE IT WAS TO APPLY TO OTHER MINOR
 CRIMINAL OFFENSES AS WELL AS BEING "INCIDENTALLY" RELATED TO UNION
 MEMBERS' WORKING CONDITIONS.  I DO NOT AGREE THAT APPLICATION OF THE
 MAGISTRATE SYSTEM WAS SO REMOTELY RELATED TO WORKING CONDITIONS THAT THE
 UNION, IN BEHALF OF ITS MEMBERS, COULD NOT PROPERLY PERCEIVE A REAL
 BASIS FOR SEEKING NEGOTIATIONS.  FOR EXAMPLE, ALL OF THE UNION MEMBERS
 WHO TESTIFIED INDICATED THAT THE MAGISTRATE SYSTEM WAS TO BE EFFECTIVE
 WHEN THEY WERE OPERATING GOVERNMENT-OWNED VEHICLES ON OFFICIAL BUSINESS.
  IN FACT, ONE MEMBER HAD INCURRED INDIVIDUAL FINANCIAL LIABILITY WHEN,
 AS AN EQUIPMENT OPERATOR IN THE COURSE OF HIS OFFICIAL DUTIES, HE
 DAMAGED ANOTHER VEHICLE IN THE PARKING LOT (TR. 45).
 
    FURTHERMORE, SINCE I DO NOT BELIEVE THE EFFECT ON UNION MEMBERS WAS
 DE MINIMUS OR INSIGNIFICANT, I CANNOT AGREE WITH THE RESPONDENT'S LEGAL
 ARGUMENTS THAT THE DECISION TO INSTITUTE THE MAGISTRATE SYSTEM WAS NOT
 NEGOTIABLE EITHER BECAUSE IT INVOLVED THE MALMSTROM AIR FORCE BASE
 "COMMUNITY AS A WHOLE" OR BECAUSE THE SYSTEM WAS INTENDED TO ENFORCE
 "THE ENTIRE CORPUS OF FEDERAL AND MONTANA LAW." THE PRINCIPLE RELIED
 UPON BY RESPONDENT-- THAT A CHANGE OF A POLICY THAT AFFECTS BOTH UNION
 MEMBERS AND OTHERS OR THAT ENCOMPASSES BOTH RULES THAT AFFECT UNION
 MEMBERS' WORKING CONDITIONS AND RULES THAT DO NOT IS NOT SUBJECT TO THE
 NEGOTIATION REQUIREMENTS OF THE EXECUTIVE ORDER-- IS NOT APPLICABLE
 WHERE THE EFFECT ON UNION MEMBERS' WORKING CONDITIONS IS MORE THAN
 "INCIDENTAL." THUS, I MUST CONCLUDE THAT THE "PARKING FEE AND MOTOR
 VEHICLE REGULATION" CASES CITED ABOVE REMAIN CONTROLLING UPON THE CHANGE
 OF POLICY IN QUESTION IN THIS CASE.
 
    IN VIEW OF THE DETERMINATION THAT A CHANGE IN WORKING CONDITIONS WAS
 INVOLVED, IT IS NOT RELEVANT THAT THE BASE COMMANDER CLAIMED TO BE
 EXERCISING HIS "SOVEREIGN" DISCRETION UNDER AIR FORCE REGULATIONS IN THE
 INTEREST OF APPLYING A UNION SYSTEM FOR SAFEGUARDING THE SAFETY AND
 WELFARE OF PEOPLE AND PROPERTY ON THE BASE.  SIMILARLY IRRELEVANT IS
 RESPONDENT'S CONTENTION THAT AIR FORCE REGULATION 110-15 REQUIRES THAT
 ALL CIVILIAN OFFENDERS BE REFERRED "FOR INDISCRIMINATE AND IMPARTIAL
 JUDICIAL DISPOSITION" UNDER THE MAGISTRATE SYSTEM (RESPONDENT'S EXHIBIT
 1, P. 7).  IT IS PRECISELY BECAUSE THE COMMANDER HAD DISCRETION OVER A
 MATTER AFFECTING WORKING CONDITIONS THAT THE UNION SHOULD NOT HAVE BEEN
 PRECLUDED FROM ATTEMPTING TO PERSUADE HIM TO EXERCISE THAT DISCRETION BY
 NOT INSTITUTING THE NEW SYSTEM AT ALL, OR AT LEAST NOT APPLYING IT TO
 ALL CATEGORIES OF PARKING, DRIVING AND MOTOR VEHICLE INFRACTIONS (E.G.,
 THOSE INCURRED WHILE OPERATING GOVERNMENT VEHICLES IN THE COURSE OF
 OFFICIAL DUTIES).  /6/ MOREOVER, EVEN ASSUMING ARGUENDO THAT THE
 COMMANDER HAD BEEN DERELICT IN NOT EXERCISING HIS DISCRETION BEFORE MAY
 OF 1978, HE WOULD HAVE BEEN OBLIGATED TO MEET AND CONSULT REGARDING THE
 NEW DECISION.  SEE DEPARTMENT OF THE ARMY, DUGWAY PROVING GROUND,
 DUGWAY, UTAH, A/SLMR NO. 745, 6 A/SLMR 618 (NOVEMBER 9, 1976).
 
    FINALLY, ALTHOUGH IN ITS BRIEF RESPONDENT HAS WITHDRAWN ITS INTERNAL
 SECURITY" DEFENSE, I NOTE THE ABSENCE OF EVIDENCE DEMONSTRATING ANY REAL
 NEXUS BETWEEN THE DECISION TO INSTITUTE THE MAGISTRATE SYSTEM AND THE
 INTERNAL SECURITY OF THE BASE.  HENCE, RESPONDENT WAS NOT EXEMPT FROM
 THE OBLIGATION TO MEET AND CONFER UNDER THE "INTERNAL SECURITY
 PRACTICES" PROVISION OF SECTION 11(B) OF THE EXECUTIVE ORDER.
 
    HAVING FOUND THAT THE BASE COMMANDER'S DECISION TO EXERCISE HIS
 DISCRETION UNDER AIR FORCE REGULATION 110-15 TO INSTITUTE THE MAGISTRATE
 SYSTEM AT MALMSTROM AIR FORCE BASE WAS A MATTER AFFECTING WORKING
 CONDITIONS UNDER SECTION 11(A) OF THE EXECUTIVE ORDER, AND THAT SAID
 DECISION WAS MADE WITHOUT AFFORDING THE UNION THE OPPORTUNITY TO CONFER
 AND/OR NEGOTIATE ON EITHER THE DECISION ITSELF OR THE IMPACT OF ITS
 IMPLEMENTATION ON THE MEMBERS OF THE UNION, I CONCLUDE SUCH ACTIVITY
 CONSTITUTED A REFUSAL TO NEGOTIATE, WHICH IS AN UNFAIR LABOR PRACTICE
 WITHIN THE MEANING OF SECTION 19(A)(6) OF THE EXECUTIVE ORDER.
 DERIVATIVELY, RESPONDENT'S ACTIONS MUST BE CONSTRUED TO HAVE INTERFERED
 WITH AND RESTRAINED THE UNION'S MEMBER-EMPLOYEES IN THE EXERCISE OF
 THEIR RIGHTS ASSURED BY THE ORDER;  THUS, AN UNFAIR LABOR PRACTICE UNDER
 SECTION 19(A)(1) OF THE EXECUTIVE ORDER.
 
    IN VIEW OF THE FOREGOING VIOLATIONS OF THE EXECUTIVE ORDER, IT IS
 APPROPRIATE THAT THE DECISION TO INSTITUTE AND IMPLEMENT THE MAGISTRATE
 SYSTEM BE RESCINDED IN ORDER THAT SUCH A CHANGE IN POLICY GOVERNING
 MOTOR VEHICLE VIOLATIONS MAY BE EFFECTED ONLY AFTER PROPER NOTICE AND AN
 OPPORTUNITY TO NEGOTIATE IS PROVIDED TO THE UNION.  ALSO, THE CUSTOMARY
 "POSTING" REQUIREMENTS ARE CALLED FOR IN THIS CASE.  HOWEVER, THERE IS
 NO BASIS OR AUTHORITY FOR CAUSING "ALL FINES LEVIED AGAINST BARGAINING
 UNIT MEMBERS" TO BE REFUNDED, AS REQUESTED BY THE UNION FOR THE FIRST
 TIME IN ITS BRIEF;  THE U.S. MAGISTRATE TO WHOM SAID FINES PRESUMABLY
 WERE PAID IS NOT A PARTY TO THIS PROCEEDING, AND THERE HAS BEEN NO
 SHOWING THAT ANY OF SAID FINES ARE WITHIN THE POSSESSION OR CONTROL OF
 THE RESPONDENT.
 
                                   ORDER
 
    PURSUANT TO SECTION 6(B) OF THE EXECUTIVE ORDER 11491, AS AMENDED,
 AND SECTION 203.26(B) OF THE REGULATIONS, THE FEDERAL LABOR RELATIONS
 AUTHORITY HEREBY ORDERS THAT THE DEPARTMENT OF THE AIR FORCE, MALMSTROM
 AIR FORCE BASE, MALMSTROM AIR FORCE BASE, MONTANA, SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) CHANGING POLICIES GOVERNING MOTOR VEHICLE VIOLATIONS AT MALMSTROM
 AIR FORCE BASE WITHOUT FIRST AFFORDING THE AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL UNION 2609, NOTICE AND AN
 OPPORTUNITY TO MEET AND CONFER CONCERNING A PROPOSED CHANGE IN SUCH
 POLICIES.
 
    (B) IN ANY LIKE OR RELATED MANNER, INTERFERING WITH, RESTRAINING, OR
 COERCING ITS 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 EXECUTIVE ORDER 11491, AS AMENDED:
 
    (A) RESCIND THE DECISION MADE IN MAY 1978 TO IMPLEMENT THE MAGISTRATE
 SYSTEM CONCERNING MOTOR VEHICLE VIOLATIONS AT THE BASE.
 
    (B) UPON REQUEST, MEET AND CONFER WITH THE AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL UNION 2609, CONCERNING ANY PROPOSED
 CHANGE IN POLICY REGARDING MOTOR VEHICLE VIOLATIONS AT MALMSTROM AIR
 FORCE BASE.
 
    (C) POST AT THE MALMSTROM AIR FORCE BASE, MONTANA, 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 BASE COMMANDER, MALMSTROM AIR FORCE BASE,
 MONTANA, 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 EMPLOYEES ARE CUSTOMARILY POSTED.  THE
 BASE COMMANDER SHALL TAKE REASONABLE STEPS TO INSURE THAT SUCH NOTICES
 ARE NOT ALTERED, DEFACED, OR COVERED BY ANY OTHER MATERIAL.
 
    (D) PURSUANT TO SECTION 203.27 OF THE REGULATIONS, 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.
 
                              ALFRED LINDEMAN
 
                         ADMINISTRATIVE LAW JUDGE
 
    DATED:  MARCH 14, 1979
 
    SAN FRANCISCO, CALIFORNIA
 
    ATTACHMENT
 
    AL:VAG
 
        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 LABOR-MANAGEMENT RELATIONS IN THE
 
           FEDERAL SERVICE WE HEREBY NOTIFY OUR EMPLOYEES THAT:
 
    WE WILL NOT CHANGE POLICIES GOVERNING TRAFFIC AND PARKING VIOLATIONS
 AT THE MALMSTROM AIR FORCE BASE WITHOUT FIRST AFFORDING THE AMERICAN
 FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL UNION 2609, NOTICE
 AND AN OPPORTUNITY TO MEET AND CONFER CONCERNING A PROPOSED CHANGE IN
 SUCH POLICIES.
 
    WE WILL NOT IN ANY LIKE OR RELATED MANNER, INTERFERE WITH, RESTRAIN,
 OR COERCE EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY EXECUTIVE
 ORDER 11491, AS AMENDED.
 
    WE WILL RESCIND THE DECISION MADE IN MAY 1978 TO IMPLEMENT THE
 MAGISTRATE SYSTEM CONCERNING TRAFFIC AND PARKING VIOLATIONS AT MALMSTROM
 AIR FORCE BASE.
 
    WE WILL, UPON REQUEST, MEET AND CONFER WITH THE AMERICAN FEDERATION
 OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL UNION 2609, CONCERNING ANY
 PROPOSED CHANGE IN POLICY REGARDING TRAFFIC AND PARKING VIOLATIONS AT
 THE BASE.
 
                           (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 QUESTION CONCERNING THIS NOTICE OR COMPLIANCE
 WITH ANY OF ITS PROVISIONS, THEY MAY COMMUNICATE DIRECTLY WITH THE
 REGIONAL DIRECTOR OF THE FEDERAL LABOR RELATIONS AUTHORITY WHOSE ADDRESS
 IS:  ROOM 2200, FEDERAL OFFICE