[ v21 p715 ]
21:0715(90)CA
The decision of the Authority follows:
21 FLRA No. 90
162nd TACTICAL FIGHTER GROUP
ARIZONA AIR NATIONAL GUARD
TUCSON, ARIZONA
Respondent
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2924, AFL-CIO
Charging Party
Case No. 8-CA-30429
DECISION AND ORDER
The Administrative Law Judge issued his Decision in the
above-entitled proceeding finding that the Respondent had engaged in
certain unfair labor practices alleged in the complaint, and
recommending that it be ordered to cease and desist therefrom and take
certain affirmative action. Thereafter, the Respondent filed exceptions
to the Judge's Decision; the General Counsel filed a brief answering
Respondent's exceptions; the Charging Party filed an opposition to
Respondent's exceptions and cross-exceptions to the Judge's Decision;
and the Respondent filed an opposition to the Charging Party's
cross-exceptions. /1/
Pursuant to section 2423.29 of the Authority's Rules and Regulations
and Section 7118 of the Federal Service Labor-Management Relations
Statute (the Statute), the Authority has reviewed the rulings of the
Judge made at the hearing and finds that no prejudicial error was
committed. The rulings are hereby affirmed. Upon consideration of the
Judge's Decision and the entire record, the Authority hereby adopts the
Judge's findings, conclusions and recommended Order.
In agreement with the Judge, we conclude that "(o)nce the
participation of an employee has been deemed necessary by the Authority
in any phase of any proceeding before the Authority, . . . (t)here is no
discretion in the agency to determine whether or not an employee should
be on official time. . . ." Respondent's imposition of the condition
that those employees whose participation had been deemed necessary
either had to wear the appropriate military work uniform in order to
receive official time or had to participate at the hearing in an annual
leave status, interfered with the protected rights of those employees
under the Statute in violation of section 7116(a)(1) of the Statute.
/2/ Contrary to the Respondent's contention, the Judge did not find that
the Respondent violated section 7131(c). Rather, the record indicates
that the Judge found a section 7116(a)(1) violation premised upon the
requirements of section 7131(c) and the provisions of section 7132
concerning the issuance of subpoenas. Such matters were fully litigated
at the hearing with all parties having had the opportunity to present
evidence and witnesses relevant to their positions. /3/ Consequently,
the Authority finds no merit in the Respondent's contention that it was
denied due process in connection with this portion of the Judge's
Decision.
ORDER
Pursuant to section 7118 of the Statute and section 2423.29 of the
Authority's Rules and Regulations, the Authority hereby orders that the
162nd Tactical Fighter Group, Arizona Air National Guard, Tucson,
Arizona shall:
1. Cease and desist from:
(a) Requiring its employees to wear the military work uniform
in order to be granted official time for participation in hearings
before the Federal Labor Relations Authority when such
participation has been deemed necessary by a designated agent of
the Authority.
(b) In any like or related manner interfering with,
restraining, or coercing 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) Provide official time to those employees whose
participation in hearings before the Federal Labor Relations
Authority on June 23 and 24, 1983 and March 9, 1984 had been
deemed necessary by a designated agent of the Authority and make
them whole for any any annual leave utilized for that purpose.
(b) Post at its Tucson, Arizona 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 the Commander, or a designee, 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.
(c) Pursuant to section 2423.30 of the 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 9, 1986.
/s/ Jerry L. Calhoun, Chairman
/s/ Henry B. Frazier III, 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 require our employees to wear the military work uniform
in order to be granted official time for participation in hearings
before the Federal Labor Relations Authority when such participation has
been deemed necessary by a designated agent of the Authority.
WE WILL NOT in any like or related manner interfere with, restrain,
or coerce employees in the exercise of their rights assured by the
Federal Service Labor-Management Relations Statute.
WE WILL provide official time to those employees whose participation
in hearings before the Federal Labor Relations Authority on June 23 and
24, 1983 and March 9, 1984 had been deemed necessary by a designated
agent of the Authority and make them whole for any annual leave utilized
for that purpose.
(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 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) 894-3805.
-------------------- ALJ$ DECISION FOLLOWS --------------------
Case No. 8-CA-30429
162ND TACTICAL FIGHTER GROUP, ARIZONA AIR NATIONAL GUARD
TUCSON,
ARIZONA
Respondent
and
AMERICAN FEDERATION OF G0VERNMENT EMPLOYEES, LOCAL 2924,
AFL-CIO
Victor R. Schwanbeck, Esquire
For the Respondent
Kevin M. Grile, Esquire
Mr. Richard Webster
For the Charging Party
Jonathan S. Levine, Esquire
For the General Counsel, FLRA
Before: GARVIN LEE OLIVER
Administrative Law Judge
DECISION
Statement of the Case
This decision concerns an amended unfair labor practice complaint
issued by the Regional Director, Region Eight, Federal Labor Relations
Authority, Los Angeles, California against the 162nd Tactical Fighter
Group, Arizona Air National Guard, Tucson, Arizona (Respondent), based
on a charge filed by the American Federation of Government Employees,
Local 2924, AFL-CIO (Charging Party or Union). The amended complaint
alleged, in substance, that Respondent violated Section 7116(a)(1) of
the Federal Service Labor-Management Relations Statute, 5 U.S.C. Section
7101 et seq. (the Statute), by instructing those employees who had been
subpoenaed by the Authority to testify in pending unfair labor practice
hearings scheduled for June 24, 1983 and March 9, 1984 to wear the
appropriate military work uniform if they would be participating while
in an official duty status. The complaint alleged that certain of the
subpoenaed employees attended June 24, 1983 hearing in an annual leave
status and civilian clothing rather than submit to the directive.
Respondent's answer denied any violation of the Statute.
A hearing was held in Tucson, Arizona. The Respondent, Charging
Party, and the General Counsel were represented and afforded full
opportunity to be heard, adduce relevant evidence, examine and
cross-examine witnesses, and file post-hearing briefs. Based on the
entire record, including my observation of the witnesses and their
demeanor, I make the following findings of fact, conclusion of law, and
recommendations.
Findings of Fact
At all times material, Respondent has been, and is now, an agency
within the meaning of section 7103(a)(3) of the Statute. Respondent is
a Fighter Training Group located at the Tucson International Airport
approximately eight miles from downtown Tucson. It has a full time
military mission to provide combat air training for student pilots and
military training for its air members. It is made up of approximately
1,112 military members of which approximately 410 are also Air National
Guard technicians. The technicians' civilian employment status is
conditioned on maintenance of military membership in the Air National
Guard.
The Charging Party is a labor organization within the meaning of
section 7103(a)(4) of the Statute. It has been certified as the
exclusive representative of an appropriate bargaining unit at
Davis-Monthan Air Force Base, has negotiated a collective bargaining
agreement with David-Monthan, and provides representation for unit
employees at David-Monthan.
The Charging Party sought to represent a unit of employees of
Respondent. A representation was held on December 15, 1982. Following
the election, objections to the election and unfair labor practice
charges were filed. A hearing involving Respondent and the Charging
Party was scheduled for June 23, 1983 in Case Nos. 8-CA-30098,
8-CA-30099 and 8-RO-30002 before an Administrative Law Judge of the
Authority. Respondent, through then Major Willie D. Kyzer, became aware
of this hearing on or about March 1983 and assumed that some of the
employees would be called to testify at the hearing.
Prior to the hearing, on or about June 7, 1983, some employees of
Respondent, including Jon C. Webb, Ernesto Lopez, and Patrick McIntyre,
were subpoenaed for the hearing by the Regional Director, Region 8 at
the request of Deborah S. Wagner, attorney for the General Counsel. The
subpoenas stated on their face that "any witness who is employed by the
Federal Government shall be granted official time. . . . " Respondent
had knowledge of these subpoenas and, in addition, received a letter
from Wagner dated June 7, 1983 which stated, in part, as follows:
As you know an unfair labor practice hearing on the
above-referenced matter will be held on June 23, 1983. The
following individuals may be called by the General Counsel as
witnesses in this matter:
Robert Herreras
Pat McIntyre
George Leflohic
Ernesto W. Lopez
Jimmie M. North
Joe Tyrone
Jon C. Webb
Tom Pachos
In accordance with Section 2429.13 of the Rules and Regulations
of the Federal Labor Relations Authority, an employee who
participates as a witness in an unfair labor practice proceeding
is entitled to official time to prepare for and participate in the
hearing. Kindly notify the supervisor involved that these
individuals are entitled to official time for such purposes.
In accordance with Section 2429.13 of the Rules and Regulations
of the Federal Labor Relations Authority, an employee who
participates as a witness in an unfair labor practice proceeding
is entitled to official time to prepare for and participate in the
hearing. Kindly notify the supervisor involved that these
individuals are entitled to official time for such purposes.
Upon receipt of the June 7, 1983 letter, Respondent researched the
matter to determine what the status and entitlements would be for
employees participating in the hearing. The attire of National Guard
technicians is governed by the National Guard Bureau's Technician
Personnel Publications. The applicable regulation, TPR 300, 302.7-6, 17
March 1981, provided, in part, as follows:
7-6 WEARING OF THE MILITARY UNIFORM
Technicians in the excepted service will wear the military
uniform appropriate to their service and federally recognized when
performing technician duties and while attending courses of
instruction at military service schools and at the National Guard
Professional Education Center, Camp Robinson, Little Rock,
Arkansas. They will comply with the standards contained in the
appropriate regulations pertaining to grooming and wear of the
military uniform (AF 600-20, AR 670-5, AR 670-30, AFR 35-10).
Official time will not be used for changing to or from the
military uniform at the work site. When an Adjutant General
determines that the uniform is inappropriate for certain positions
or situations, he will forward his determination to the Chief,
National Guard Bureau for review. If warranted, the CNGB will
authorize other appropriate attire. These provisions apply to all
technicians required to be members of the National Guard as a
condition of employment, unless otherwise specifically excluded by
a negotiated labor agreement. The following situations have been
determined to be inappropriate for wear of the military uniform
and do not require prior approval:
a. Travel by commercial or private transportation while in an
official travel status.
b. While attending courses of instruction in a technician
status at locations other than military institutions.
c. Labor organization representatives engaged in labor
agreement negotiations.
d. Participation as data collectors during the conduct of
Federal Wage System surveys.
e. While serving as hearing examiners.
f. During pregnancy.
No request was made to the Chief, National Guard Bureau by the Union,
General Counsel, or Respondent for a waiver from compliance with TPR
300, 302.7-6. Securing a waiver through the procedure outlined in the
regulation takes a considerable amount of time.
On June 21, 1983, supervisor Ernie Pain called employees Pat
McIntyre, Ernie Lopez, and George Leflohic together and informed them
that they must wear the blue uniform to the FLRA hearing. On June 22,
1983, Respondent by Major Willie D. Kyzer, sent a letter to all of
Respondent's employees who were participating in the hearing, including
those noted above who had been the subject of FLRA Attorney Wagner's
letter and subpoenaed by the Authority at the request of the General
Counsel to appear on behalf of the General Counsel and the Charging
Party. The letter provided, in part, as follows:
Individuals are authorized official duty status while
participating in the hearing plus reasonable travel time.
Individuals in an official duty status will be required to wear
the appropriate military work uniform. Time cards will reflect
individual personnel present for duty.
Some of the employees subpoenaed by the Authority objected to the
wearing of the uniform to the hearing as unfair, insulting, and on the
basis that technicians called for jury duty in the past were not
required to wear uniforms. They complained to Respondent and to an
attorney for the General Counsel, FLRA. Respondent was aware as early
as February 1983 that some of its employees objected to the wearing of
the military uniform. Col. John M. Harnett, Respondent's Air Commander,
responded to a request that employees be allowed to attend the hearing
in civilian clothing. He stated that he was required to comply with the
regulations and could not authorize employees to attend the hearing in
civilian clothing. However, in recognition of some of the deep-seated
feelings, he stated that he had no objection to employees taking annual
leave for the hearing and wearing clothing of their choice. He stated
that if they did so, they would not be entitled to receive any
entitlements. Employees, including those deemed necessary by the
General Counsel and subpoenaed to appear on behalf of the General
Counsel and the Charging Party, were required to appear in uniform in
order to receive official time.
On June 23 and 24, 1983, the following individuals appeared and/or
testified as witnesses for the General Counsel on behalf of the Charging
Party concerning alleged unfair labor practices by Respondent: Roberto
Herreras, George Leflohic, Ernesto W. Lopez, Jimmie M. North, Jon C.
Webb, Pat McIntyre, Tom Pachos, and Joe Tyrone. On June 23, Herreras,
Lopez and Webb appeared in civilian attire while the remainder wore
military uniform. On June 24, Herreras, Lopez, North, Webb and Tyrone
wore civilian clothing and the rest wore their uniforms.
On June 23 and 24, 1983, Webb, while under subpoena for the hearing,
took annual leave rather than appear in military attire. Webb testified
for the General Counsel.
On June 23, 1983, Lopez, while under subpoena for the hearing,
reported to work at 6:15 a.m. At 9:00 a.m. he was put on annual leave
status because he changed to civilian clothes for hearing. Lopez drove
to the hearing and remained at the hearing all day, but was not called
to testify.
On June 24, 1983, Lopez reported directly to the hearing in civilian
clothing. He remained at the hearing all day, as instructed, but was
not called to testify. Lopez was also in annual leave status on June
24.
On June 23, 1983, McIntyre while under subpoena for the hearing, also
reported to work at 6:15 and worked up until 9:00 a.m. At this time, he
changed from his fatigues to dress blues and reported to the courthouse.
McIntyre wished to wear civilian clothing, but did not have any annual
leave at the time. Mcintyre did not return to work as the hearing
lasted until 5:00 or 5:30 p.m. On June 24, 1983, McIntyre reported
directly to the hearing, as instructed, where he remained for the
remainder of the day. Mcintyre testified for the General Counsel.
On March 8, 1984, Respondent, by supervisor Pain and Lt. Col. Kyzer,
told McIntyre and Lopez that they would have to adhere to the June 22,
1983 Kyzer letter for the March 9, 1984 hearing; that is, that the
witnesses would have to wear military clothing in order to be paid
official time, or they would have to take annual leave if they appeared
in civilian clothes. At the March 9, 1984 hearing, Webb appeared in
civilian attire, while McIntyre and Lopez appeared in uniform. Webb,
Lopez, and McIntyre were all under subpoena by the General Counsel of
the Authority for the March 9, 1984 hearing.
As noted, Respondent's employees are required to wear their uniforms
when performing day-to-day technicians duties. They are not authorized
to wear their uniforms off-base unless they are going to work, coming
home from work, or in emergency situations. They are also not
authorized to wear their uniforms after duty hours for non-Guard
functions at off-base bars or restaurants. Employees have served on
jury duty in civilian attire while in a paid leave status. They can
also attend women conferences and Hispanic conferences in civilian
attire and have done so with the knowledge of Respondent. According to
Respondent, employees can attend women and Hispanic conferences in
civilian attire because they are attending courses of instruction while
in a military technician status pursuant to the above noted provision of
TPR 300.
Discussion, Conclusions, and Recommendations
The General Counsel and the Charging Party contend that Respondent's
requirement that those employees subpoenaed by the Authority to testify
in a hearing wear the military uniform in order to receive official time
interfered with, restrained, and coerced employees in the exercise of
their statutory rights in violation of section 7116(a)(1) of the
Statute. The General Counsel and Charging Party maintain that the
requirement was designed to stress to the employees that management
exercised control over them even to the extent of telling them what they
could and could not wear to an off-base hearing before the Authority
where employees sought vindication of their rights. The General Counsel
relies upon the timing of the issuance of the uniform instructions to
employees, the alleged absence of a legitimate work-related purpose for
the military uniform requirement, Respondent's alleged discriminatory
application of its uniform regulation, and the reaction of the
employee-witness to the military work uniform orders.
Respondent defends on the basis, inter alia, that technicians are
required by National Guard Bureau regulations to wear the uniform while
performing technician duties; testifying at an Authority hearing does
not fall within one of the enumerated exceptions; the failure to
request a uniform waiver pursuant to TPR 302.7-6 estoppes the claim; it
would have been impossible to interfere with the employee's ability to
unionize because of pending litigation; and the General Counsel failed
to prove that the directives interefered with employees rights.
Section 7131(c) of the Statute /4/ empowers the Authority to make
determinations as to whether employees participating in proceedings
before it shall be authorized official time. Section 7132 of the
Statute also authorizes the Authority and its designees to issue
subpoenas requiring the attendance and testimony of witnesses. /5/ This
language in the Statute has been implemented by the Authority in
sections 2429.13 and 2429.14 of the Rules and Regulations. /6/
Once the participation of an employee has been deemed necessary by
the Authority in any phase of any proceeding before the Authority, as
here, that "employee shall be granted official time for such
participation." There is no discretion in the agency to determine
whether or not an employee should be on official time once that employee
participation has been deemed necessary. Department of Health and Human
Services, Social Security Administration, Great Lakes Program Service
Center, 10 FLRA 510, 512 (1982).
Respondent's position that all technicians participating in the
hearing were performing technician duties and, therefore, were required
to wear the military uniform in order to receive official time is
mistaken. The record reflects that those technicians subpoenaed by the
Authority on behalf of the General Counsel participated for, or on
behalf of, the Charging Party. They testified or appeared in support of
allegations raised by the Charging Party concerning election objections
and unfair labor practice charges. Section 7131 of the Statute was
designed to authorize official time (paid time) for employees to engage
in certain activities concerning labor-management relations. H.R. Rep.
No. 95-1043, p. 58 (1978). As noted, Section 7131(c) empowers the
Authority to make determinations as to whether employees participating
for, or on behalf of, a labor organization in proceedings before the
Authority shall be authorized official time for such purpose "during the
time the employee otherwise would be in a duty status." This qualifying
language strongly suggests that employees participating for, or on
behalf of, a labor organization during such proceedings are not
considered in a duty status. Nor is the conclusion warranted that
employees so participating are acting in their "official capacity," "on
the job," or on "official business" of the government. See Bureau of
Alcohol, Tobacco and Firearms v. FLRA, 104 S. Ct. 439 (1983.
Respondent could not require the subpoenaed employees to take leave.
An employee on official time is on paid time, entitled to his or her
usual compensation, and is not in a leave status.
Respondent's imposition of the condition that those employees whose
participation had been deemed necessary by the Authority either had to
wear the uniform in order to receive official time or had to participate
in the hearing in an annual leave status, interfered with the right of
these employees to receive official time when their participation had
been determined to be necessary by the Authority. Accordingly,
Respondent's conduct violated section 7116(a)(1) of the Statute /7/ as
alleged. Department of the Treasury Internal Revenue Service, 15 FLRA
No. 108 (1984); Department of the Treasury, Bureau of Alcohol, Tobacco
and Firearms, 13 FLRA No. 94 (1983); U.S. Department of Justice,
Federal Prison System, 10 FLRA No. 109, 10 FLRA 662 (1982); Department
of Health and Human Services, Social Security Administration, Great
Lakes Program Service Center, 10 FLRA No. 90, 10 FLRA No. 510 (1982);
Department of the Treasury; Bureau of Alcohol, Tobacco and Firearms, 10
FLRA No. 3, 10 FLRA 10 (1982); Department of the Air Force, Space
Division, Los Angeles, California, 6 FLRA No. 78, 6 FLRA 439 at 451
(1980). /8/
Based on the foregoing findings and conclusions, it is recommended
that the Authority adopt the following Order:
ORDER
Pursuant to section 2423.29 of the Rules and Regulations of the
Federal Labor Relations Authority and section 7118 of the Statute, the
Authority hereby orders that the 162nd Tactical Fighter Group, Arizona
Air National Guard, Tucson, Arizona, shall:
1. Cease and desist from:
(a) Requiring its employees to wear the military work uniform
in order to be granted official time for participation in hearings
before the Federal Labor Relations Authority when such
participation has been deemed necessary by a designated agent of
the Authority.
(b) In any like or related manner, interfering with,
restraining, or coercing 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) Provide official time to those employees whose
participation in hearings before the Federal Labor Relations
Authority on June 23 and 24, 1983 and March 9, 1984 had been
deemed necessary by a designated agent of the Authority and make
them whole for any annual leave utilized for that purpose.
(b) Post at its Tucson, Arizona facilities copies of the
attached Notice marked "APPENDIX" on forms to be furnished by the
Authority. Upon receipt of such forms, they shall be signed by
the Commander 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. The Commander shall take reasonable steps to
insure that such notices are not altered, defaced, or covered by
any other material.
(c) Pursuant to 5 C.F.R. section 2423.30 notify the Regional
Director, Region 8, Federal Labor Relations Authority, Los
Angeles, California, in writing, within 30 days from the date of
this order, as to what steps have been taken to comply herewith.
/s/ Garvin Lee Oliver
Administrative Law Judge
Dated: September 6, 1984
Washington, D.C.
--------------- FOOTNOTES$ ---------------
(1) Part 2423 of the Authority's Rules and Regulations, entitled
"Unfair Labor Practice Proceedings," has no provision for the filing of
an "opposition to cross-exceptions," and the Respondent did not seek
leave to file such opposition pursuant to section 2429.26 of the
Authority's Rules and Regulations. Consequently, the Authority has not
considered herein the Respondent's opposition to the Charging Party's
cross-exceptions to the Judge's Decision.
(2) We find it unnecessary to pass upon the Judge's discussion
regarding the duty status of employees participating in Authority
proceedings in these circumstances.
(3) A violation of section 7116(a)(8) was not alleged.
(4) Section 7131(c) provides:
(c) Except as provided in subsection (a) of this section, the
Authority shall determine whether any employee participating for,
or on behalf of, a labor organization in any phase of proceedings
before the Authority shall be authorized official time for such
purpose during the time the employee otherwise would be in a duty
status.
(5) Section 7132 provides, in relevant part:
(a) Any member of the Authority, the General Counsel, or the
Panel, any administrative law judge appointed by the Authority
under section 3105 of this title, and any employee of the
Authority designated by the Authority may --
(1) issue subpoenas requiring the attendance and testimony of
witnesses and the production of documentary or other evidence from
any place in the United States(.)
(c) Witnesses (whether appearing voluntarily or under subpoena)
shall be paid the same fee and mileage allowances which are paid
subpoenaed witnesses in the courts of the United States.
(6) Sections 2429.13 and section 2429.14 provides:
Section 2429.13 Official time.
If the participation of any employee in any phase of any proceeding
before the Authority, including the investigation of unfair labor
practice charges and representation petitions and the participation in
hearings and representation elections, is deemed necessary by the
Authority, the General Counsel, any Administrative Law Judge, Regional
Director, Hearing Officer, or other agent of the Authority designated by
the Authority, such employee shall be granted official time for such
participation, including necessary travel time, as occurs during the
employee's regular work hours and when the employee would otherwise be
in a work or paid leave status. In addition, necessary transportation
and per diem expenses shall be paid by the employing activity or agency.
Section 2429.14 Witness fees.
(a) Witnesses (whether appearing voluntarily, or under a
subpoena) shall be paid the fee and mileage allowances which are
paid subpoenaed witnesses in the courts of the United States:
Provided, That any witness who is employed by the Federal
Government shall not be entitled to receive witness fees in
addition to compensation received pursuant to Section 2429.13.
(7) Section 7116 (a)(1) of the Statute provides:
(a) For the purpose of this chapter, it shall be 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) In view of this disposition and the per se nature of the
violation, it is unnecessary to consider the other contentions raised by
the parties.
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 LABOR-MANAGEMENT RELATIONS STATUTE
WE HEREBY NOTIFY OUR EMPLOYEES THAT:
WE WILL NOT require our employees to wear the military work uniform
in order to be granted official time for participation in hearings
before the Federal Relations Authority when such participation has been
deemed necessary by a designated agent of the Authority.
WE WILL NOT in any like or related manner, interfere with, restrain,
or coerce employees in the exercise of their rights assured by the
Federal Service Labor-Management Relations Statute.
WE WILL provide official time to those employees whose participation
in hearings before the Federal Labor Relations Authority on June 23 and
24, 1983 and March 9, 1984 had been deemed necessary by a designated
agent of the Authority and make them whole for any annual leave utilized
for that purpose.
(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 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, Region 8,
whose address is: 350 South Figueroa Street, 10th Floor, Los Angeles,
California 90071, and whose telephone number is: (213) 688-3805.