21:0335(44)CA - Soldiers' and Airmen's Home, Washington, D. and AFGE, Local 3090 -- 1986 FLRAdec CA
[ v21 p335 ]
21:0335(44)CA
The decision of the Authority follows:
21 FLRA No. 44
U.S. SOLIDERS' AND AIRMEN'S HOME
WASHINGTON, D.C.
Respondent
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 3090, AFL-CIO
Charging Party
Case No. 3-CA-20561
(15 FLRA No. 26)
SUPPLEMENTAL DECISION AND ORDER
On June 26, 1984, the Authority issued its Decision and Order in the
above-entitled proceeding in which it found that the Respondent had not
failed and refused to comply with the provisions of section 7122(b) of
the Federal Service Labor-Management Relations Statute /1/ and therefore
had not violated section 7116(a)(1) and (8) of the Statute. /2/ U.S.
Soldiers' and Airmen's Home, Washington, D.C., 15 FLRA No. 26 (1984).
Thereafter, on November 22, 1985, the U.S. Court of Appeals for the
District of Columbia Circuit set aside the Authority's Decision and held
that the Respondent was required to comply with the terms of an
arbitrator's award, notwithstanding that timely exceptions had been
filed with the Authority pursuant to section 7122(b) of the Statute,
because the Respondent had failed to request a stay of the arbitrator's
award as required by section 2429.8 of the Authority's Rules and
Regulations (codified in 5 C.F.R. Section 2429.8). American Federation
of Government Employees, AFL-CIO, Local 3090 v. FLRA, 777 F.2d 751 (D.C.
Cir. 1985).
The Authority accepts the court's opinion as the law of the case and,
consistent with that opinion, shall issue the following remedial order:
ORDER
Pursuant to section 2423.29 of the Federal Labor Relations
Authority's Rules and Regulations and section 7118 of the Statute, it is
hereby ordered that the U.S. Soldiers' and Airmen's Home, Washington,
D.C. shall:
1. Cease and desist from:
(a) Failing to comply with the provisions of section 7122(b) of the
Federal Service Labor-Management Relations Statute by refusing to
implement an arbitrator's award notwithstanding that no request for a
stay of the arbitration award had been filed pursuant to section 2429.8
of the Authority's Rules and Regulations.
(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 Statute:
(a) Comply fully with the award of Arbitrator Nicholas H. Zumas dated
March 22, 1982, to the extent that such compliance has not been
previously effectuated.
(b) Post at its facility where employees in the bargaining unit are
located 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 where notices to employees are customarily posted.
Reasonable steps shall be taken to ensure that such Notices are not
altered, defaced or covered by any other material.
(c) Pursuant to section 2423.30 of the Authority's Rules and
Regulations, notify the Regional Director, Region III, 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. April 17, 1986.
/s/ Jerry L. Calhoun, Chairman
/s/ Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
----------- FOOTNOTES$ ----------
(1) Section 7122(b) provides:
Section 7122. Exceptions to arbitral awards
. . . . . . .
(b) If no exception to an arbitrator's award is filed under
subsection (a) of this section during the 30-day period beginning
on the date the award is served on the party, the award shall be
final and binding. An agency shall take the actions required by
an arbitrator's final award. The award may include the payment of
backpay (as provided in section 5596 of this title).
(2) Section 7116(a)(1) and (8) provides:
Section 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(.)
APPENDIX
NOTICE TO ALL EMPLOYEES
PURSUANT TO A SUPPLEMENTAL 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 comply with the provisions of section 7122(b) of
the Federal Service Labor-Management Relations Statute by refusing to
implement an arbitrator's award notwithstanding that no request for a
stay of the arbitrator's award had been filed pursuant to section 2429.8
of the Authority's Rules and Regulations.
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 comply fully with the award of Arbitrator Nicholas H. Zumas
dated March 22, 1982, to the extent that such compliance has not been
previously effectuated.
(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 III, Federal Labor Relations Authority, whose address
is: 1111 18th Street, N.W., Room 700, Washington, D.C. 20033-0758, and
whose telephone number is: (202) 653-8500.