36:0289(38)CA - - Air Force, 832D Combat Support Group, Luke AFB, AZ and AFGE Local 1547 - - 1990 FLRAdec CA - - v36 p289
[ v36 p289 ]
The decision of the Authority follows:
36 FLRA No. 38
U.S. DEPARTMENT OF THE AIR FORCE
832D COMBAT SUPPORT GROUP
LUKE AIR FORCE BASE, ARIZONA
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
DECISION AND ORDER
July 12, 1990
Before Chairman McKee and Members Talkin and Armendariz.
I. Statement of the Case
The Administrative Law Judge issued the attached decision in the above-entitled proceeding finding that the Respondent had violated section 7116(a)(1) and (5) of the Federal Service Labor-Management Relations Statute (the Statute) as alleged. He concluded that the Respondent failed to bargain in good faith by unilaterally implementing a base-wide no-smoking policy without completing bargaining with the Union over the substance of the change in policy and its impact and implementation.
The Respondent filed exceptions to the Judge's decision and order. The General Counsel filed an opposition to the Respondent's exceptions.
Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Statute, we have reviewed the rulings of the Judge made at the hearing and find that no prejudicial error was committed. We affirm those rulings. Upon consideration of the Judge's Decision and the entire record, we adopt the Judge's findings, conclusions and recommended order. See Department of Health and Human Services, Public Health Service, Health Resources and Services Administration, Oklahoma City Area, Indian Health Service, Oklahoma City, Oklahoma, 31 FLRA 498 (1988), enforced sub nom. Department of Health and Human Services, Indian Health Service, Oklahoma City v. FLRA, 885 F.2d 911 (D.C. Cir. 1989).
Pursuant to section 2423.29 of our Rules and Regulations and section 7118 of the Statute we order that the Department of the Air Force, 832d Combat Support Group, Luke Air Force Base, Arizona, shall:
1. Cease and desist from:
(a) Unilaterally changing working conditions of unit employees by establishing a base-wide no-smoking policy, without first completing bargaining with the American Federation of Government Employees, Local 1547, AFL-CIO, herein called the Union, the exclusive representative of certain of its employees, to the extent consonant with law and regulations, on the decision to effectuate such a policy and its impact and implementation.
(b) In any like or related manner interfering with restraining or coercing any employee in the exercise of the rights assured by the Statute.
2. Take the following affirmative action in order to effectuate the purposes and policies of the Statute:
(a) Rescind the no-smoking policy implemented on May 16, 1988.
(b) Notify the Union of any intended changes in smoking policy and, upon request, negotiate to the extent consonant with law and regulations on the decision to effectuate such a policy and its impact and implementation.
(c) Post at its facilities at Luke Air Force Base, Arizona, where bargaining unit members represented by the American Federation of Government Employees, Local 1547, AFL-CIO, 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 the Commanding Officer, and shall be posted and maintained for 60 consecutive days in conspicuous places, including all bulletin boards and 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.
(d) 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.
NOTICE TO ALL EMPLOYEES
AS ORDERED BY THE FEDERAL LABOR RELATIONS AUTHORITY
AND TO EFFECTUATE THE POLICIES OF
THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE
WE HEREBY NOTIFY OUR EMPLOYEES THAT:
WE WILL NOT unilaterally implement changes in working conditions of bargaining unit employees by establishing a base-wide no-smoking policy, without first completing bargaining with the American Federation of Government Employees, Local 1547, AFL-CIO, herein called the Union, the exclusive representative of c