17:1005(136)CA - Justice, Attorney's Office, Los Angeles, CA and NFFE Local 62 -- 1985 FLRAdec CA
[ v17 p1005 ]
17:1005(136)CA
The decision of the Authority follows:
17 FLRA No. 136
DEPARTMENT OF JUSTICE
UNITED STATES ATTORNEY'S OFFICE
LOS ANGELES, CALIFORNIA
Respondent
and
NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 62
Charging Party
Case No. 8-CA-30518
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, including the stipulation of
facts, accompanying exhibits, and the contentions of the parties, the
Authority finds:
The complaint alleges that the Respondent refused to comply with the
requirements of section 7115(a) of the Federal Service Labor-Management
Relations Statute (the Statute) /1/ by failing to implement in a timely
manner the written dues withholding authorizations of certain bargaining
unit employees and the Union's written request to increase bargaining
unit employees' dues allotments, thereby violating section 7116(a)(1)
and (8) of the Statute. /2/
The Respondent and the Charging Party are parties to a collective
bargaining agreement which contains a dues withholding provision. The
procedures for dues withholding are set forth in a November 24, 1971
agreement which is incorporated by reference into the collective
bargaining agreement. The parties stipulate that this incorporated
agreement cannot be located.
Three bargaining unit employees signed dues withholding
authorizations in February 1983. On or about March 16, 1983, the Union
submitted the authorizations to Patricia McCormick, the Respondent's
Employee Development Specialist. The Union also submitted a written
request to increase the union dues allotments from $3.00 to $4.00, to be
effective with the pay period commencing March 27, 1983. Thereafter,
Ms. McCormick attempted, on several occasions, to submit the requests to
the payroll office. The dues increase request was not implemented by
the payroll office until the pay period ending on June 25, 1983, and the
dues withholding authorizations were not implemented until the pay
period ending on September 17, 1983.
In previous decisions, the Authority has held, pursuant to section
7115(a) of the Statute, that dues withholding authorizations and dues
allotment increase requests must be processed expeditiously.
Unreasonable delay, even if unintentional, was found violative of
section 7116(a)(1) and (8) of the Statute. See Department of Health and
Human Services, Social Security Administration, 13 FLRA 625 (1984) and
Department of Health and Human Services and Social Security
Administration, Region IX, San Francisco, California, 12 FLRA 250
(1983). The Authority concludes that the three and six month delays,
respectively, were unreasonable in the circumstances of this case. /3/
Thus, the Authority finds that the Respondent failed to comply with the
requirements of section 7115(a), thereby violating section 7116(a)(1)
and (8) of the Statute.
Accordingly, having found that the Respondent violated section
7116(a)(1) and (8) of the Statute, the Authority shall order the
Respondent to reimburse the Union in an amount equal to the dues the
Union would have received but for the unlawful failure to timely honor
the employees' dues withholding authorizations and the Union's request
to increase the dues allotments. /4/
ORDER
Pursuant to section 2423.29 of the Rules and Regulations of the
Federal Labor Relations Authority and section 7118 of the Federal
Service Labor-Management Relations Statute, the Authority hereby orders
that the Department of Justice, United States Attorney's Office, Los
Angeles, California, shall:
1. Cease and desist from:
(a) Failing to timely honor the written dues withholding
authorizations of bargaining unit employees, or failing to remit their
union dues to the National Federation of Federal Employees, Local 62,
the exclusive representative of the unit employees, as required by the
provisions of section 7115(a) of the Federal Service Labor-Management
Relations Statute.
(b) Failing to comply with the provisions of section 7115(a) of the
Federal Service Labor-Management Relations Statute by failing to
implement in a timely manner an authorized written request to increase
unit employees' basic dues allotments.
(c) 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) Pay to the National Federation of Federal Employees, Local 62,
the union dues of Stephen Carlisle, Elenor Clark, and Dongsook Kim Smoot
for the period March 27, 1983 through September 17, 1983.
(b) Reimburse the National Federation of Federal Employees, Local 62,
in an amount equal to the regular and periodic dues it would have
received from the pay period beginning March 27, 1983 to June 25, 1983,
but did not receive as a result of the unlawful delay in implementing
the authorized request to increase the unit employees' basic dues
allotments.
(c) Post at its Los Angeles, California office, 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
authorized representatives of the Respondent and they 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 by
the Respondent to insure that such Notices are not altered, defaced, or
covered by any other material.
(d) Pursuant to section 2423.30 of the Federal Labor Relations
Authority's Rules and Regulations, notify the Regional Director, Region
VIII, 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., May 13, 1985.
Henry B. Frazier III, Acting
Chairman
William J. McGinnis, Jr., Member
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 to timely honor the written dues withholding
authorizations of bargaining unit employees, or fail to remit their
union dues to the National Federation of Federal Employees, Local 62,
the exclusive representative of the unit employees, as required by the
provisions of section 7115(a) of the Federal Service Labor-Management
Relations Statute. WE WILL NOT fail to comply with the provisions of
section 7115(a) of the Federal Service Labor-Management Relations
Statute by failing to implement in a timely manner an authorized written
request to increase unit employees' basic dues allotments. 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. WE WILL pay to the National
Federation of Federal Employees, Local 62, the union dues of Stephen
Carlisle, Elenor Clark, and Dongsook Kim Smoot for the period March 27,
1983 through September 17, 1983. WE WILL reimburse the National
Federation of Federal Employees, Local 62, in an amount equal to the
regular and periodic dues it would have received from the pay period
beginning March 27, 1983 to June 25, 1983, but did not receive as a
result of the unlawful delay in implementing the authorized request to
increase the unit employees' basic dues allotments.
(Agency or Activity)
Dated: . . . By: (Signature) (Title) 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 its provisions,
they may communicate directly with the Regional Director, Region VIII,
Federal Labor Relations Authority, whose address is: 350 South Figueroa
Street, 10th Floor, Los Angeles, California 90071, and whose telephone
number is: (213) 688-3805.
--------------- FOOTNOTES$ ---------------
/1/ Section 7115(a) provides in pertinent part:
Sec. 7115. Allotments to representatives
(a) If an agency has received from an employee in an
appropriate unit a written assignment which authorizes the agency
to deduct from the pay of the employee amounts for the payment of
regular and periodic dues of the exclusive representative of the
unit, the agency shall honor the assignment and make an
appropriate allotment pursuant to the assignment(.)
/2/ Section 7116(a) provides in pertinent part:
Sec. 7116. Unfair labor practices
(a) For the purpose of this chapter, it shall be an unfair
labor practice for an agency--
(1) to interfere with, restrain, or coerce any employee in the
exercise by the employee of any right under this chapter;
. . . .
(8) to otherwise fail or refuse to comply with any provision of
this chapter.
/3/ The Authority rejects the Respondent's contention that the duty
to process the requests did not arise until the requests were received
by the payroll office. The Statute requires compliance once the
"agency" has received written authorization. In this case the
Respondent's Employee Development Specialist received the authorization.
The Authority concludes, in these circumstances, that the "agency" did
receive the proper authorization and failed to timely process the
requests.
/4/ Notwithstanding the fact that one of the employees involved in
this dispute terminated her employment with the Respondent on February
18, 1984, subsequent to the violations in this case, the Authority
agrees with the General Counsel that reimbursement of this employee's
dues is warranted.