10:0257(48)CA - GSA, Region 8, Denver, CO and AFGE Local 3275 -- 1982 FLRAdec CA

 10 FLRA No. 48
 
 GENERAL SERVICES ADMINISTRATION
 REGION 8, DENVER, COLORADO
 Respondent
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 3275
 Charging Party
 
                                            Case No. 7-CA-349
 
                            DECISION AND ORDER
 
    THIS MATTER IS BEFORE THE AUTHORITY PURSUANT TO THE 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 THAT THE RESPONDENT VIOLATED SECTION 7116(A)(1)
 AND (5) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE
 STATUTE) BY ITS UNILATERAL IMPLEMENTATION OF CHANGES IN THE POLICIES AND
 PROCEDURES FOR THE ASSIGNMENT OF EMPLOYEE PARKING SPACES AND THE
 ASSESSMENT OF CHARGES FOR THE USE OF THESE SPACES WITHOUT PROVIDING
 NOTICE OF THE UNION AND AN OPPORTUNITY TO NEGOTIATE ON THE IMPACT AND
 IMPLEMENTATION OF SUCH CHANGES.
 
    THE FACTS AND POSITIONS OF THE PARTIES ARE SUBSTANTIALLY IDENTICAL TO
 THOSE IN DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, 9 FLRA NO. 16
 (1982).  /1/ FOR THE REASONS SET FORTH IN DEPARTMENT OF HOUSING AND
 URBAN DEVELOPMENT, THE AUTHORITY FINDS THAT THE RESPONDENT'S UNILATERAL
 IMPLEMENTATION OF ITS INTERNAL RULES AND REGULATIONS CONCERNING THE PAID
 PARKING PROGRAM WITHOUT FIRST AFFORDING THE UNION AN OPPORTUNITY TO
 NEGOTIATE WITH RESPECT THERETO CONSTITUTES A VIOLATION OF SECTION
 7116(A)(1) AND (5) OF THE STATUTE.
 
                                   ORDER
 
    PURSUANT TO SECTION 2423.29 OF THE FEDERAL LABOR RELATIONS
 AUTHORITY'S RULES AND REGULATIONS AND SECTION 7118 OF THE FEDERAL
 SERVICE LABOR-MANAGEMENT RELATIONS STATUTE, THE AUTHORITY HEREBY ORDERS
 THAT THE GENERAL SERVICES ADMINISTRATION, REGION 8, DENVER, COLORADO,
 SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) FAILING AND REFUSING TO GIVE NOTICE TO AND, UPON REQUEST, BARGAIN
 WITH THE AMERICAN
 
    FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO LOCAL 3275, THE EXCLUSIVE
 BARGAINING
 
    REPRESENTATIVE OF ITS EMPLOYEES, BEFORE IMPLEMENTATION OF ANY PAID
 PARKING PROGRAM WHICH MAY
 
    BE ESTABLISHED BY GOVERNMENT-WIDE RULE OR REGULATION.
 
    (B) IN ANY LIKE OR RELATED MANNER INTERFERING WITH, RESTRAINING, OR
 COERCING ITS EMPLOYEES
 
    IN THE EXERCISE OF THEIR RIGHTS ASSURED BY THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS
 
    STATUTE.
 
    2.  TAKE THE FOLLOWING AFFIRMATIVE ACTION IN ORDER TO EFFECTUATE THE
 PURPOSES AND POLICIES OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
 STATUTE:
 
    (A) POST AT ITS 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
 
    APPROPRIATE OFFICIAL OF THE RESPONDENT AND SHALL BE POSTED AND
 MAINTAINED FOR 60 CONSECUTIVE
 
    DAYS THEREAFTER, IN CONSPICUOUS PLACES. INCLUDING ALL BULLETIN BOARDS
 AND ALL 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 OTHER
 MATERIAL.
 
    (B) PURSUANT TO SECTION 2423.30 OF THE AUTHORITY'S RULES AND
 REGULATIONS, NOTIFY THE
 
    REGIONAL DIRECTOR, REGION VII, 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., SEPTEMBER 30, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
                       HENRY B. FRAZIER III, MEMBER
                       LEON B. APPLEWHAITE, MEMBER /2/
                       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 FAIL OR REFUSE TO GIVE NOTICE TO AND, UPON REQUEST,
 BARGAIN WITH THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO,
 LOCAL 3275, THE EXCLUSIVE REPRESENTATIVE OF OUR EMPLOYEES, BEFORE
 IMPLEMENTATION OF ANY PAID PARKING PROGRAM WHICH MAY BE ESTABLISHED BY
 GOVERNMENT-WIDE RULE OR REGULATION.
 
    WE WILL NOT IN ANY LIKE OR RELATED MANNER INTERFERE WITH, RESTRAIN,
 OR COERCE OUR EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY THE
 FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE.
 
                                 (AGENCY)
 
    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, FEDERAL LABOR RELATIONS AUTHORITY, REGION VII WHOSE
 ADDRESS IS:  FEDERAL BUILDING & U.S. CUSTOMS HOUSE, 1531 STOUT STREET,
 SUITE 301, DENVER, COLORADO 80202 AND WHOSE TELEPHONE NUMBER IS:  (816)
 374-2199.
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ SEE ALSO VETERANS ADMINISTRATION CENTRAL OFFICE, VETERANS
 ADMINISTRATION MEDICAL CENTER, LONG BEACH, 9 FLRA NO. 39 (1982).
 
    /2/ MEMBER APPLEWHAITE, WHILE IN AGREEMENT WITH HIS FELLOW MEMBERS AS
 TO THE DISPOSITION HEREIN, ADDITIONALLY NOTES HIS SEPARATE OPINION IN
 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, 9 FLRA NO. 16 (1982), THAT
 IT WOULD BE INAPPROPRIATE FOR THE AUTHORITY TO MAKE ANY FINDINGS OR
 STATEMENTS, OR TO GIVE ANY GUIDANCE AS TO A MONEY REMEDY, ISSUES WHICH
 IN HIS OPINION WERE MORE APPROPRIATELY PRESENTED TO AND ADDRESSED BY THE
 CIRCUIT COURT OF APPEALS.