10:0649(106)CA - GSA Region 7 and AFGE Local 2488 -- 1982 FLRAdec CA

 10 FLRA No. 106
 
 GENERAL SERVICES ADMINISTRATION
 REGION 7
 Respondent
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 2488
 Charging Party
 
                                            Case No. 6-CA-322
 
                            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, 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 change of terms and conditions of employment
 concerning fees for employee parking without affording the Union an
 opportunity to bargain over the impact and implementation of such
 change.
 
    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 the 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 constituted a violation of section 7116(a)(1) and (5) of the
 Statute, and that the following Order is appropriate.
 
                                   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 7, shall:
 
    1.  Cease and desist from:
 
    (a) Failing or refusing to give notice to and, upon request, bargain
 with the American Federation of Government Employees, AFL-CIO, Local
 2488, 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
 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 VI, 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., December 13, 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 2488, 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 VI, whose
 address is:  Bryan & Ervay Street, Room 450, P.O. Box 2640, Dallas,
 Texas 75221, and whose telephone number is:  (214) 767-4996.
 
 
 
 
 
 
 
 --------------- 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), to
 the effect that it would be inappropriate herein for the Authority to
 make any findings or statements or give any guidance as to a money
 remedy, since these are issues which are more appropriately presented to
 and addressed by a Circuit Court of Appeals.