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42:0235(19)CA
The decision of the Authority follows:
42 FLRA No. 19
Before Chairman McKee and Members Talkin and Armendariz.
I. Statement of the Case
This unfair labor practice case is before the Authority on exceptions filed by the Respondent to the attached decision of the Administrative Law Judge. The General Counsel filed an opposition to the Respondent's exceptions.
The complaint alleged that the Respondent violated section 7116(a)(1), (5) and (8) of the Federal Service Labor-Management Relations Statute (the Statute) by refusing to furnish the Union with information requested under section 7114(b)(4) of the Statute. The Judge found that the Respondent had violated the Statute as alleged.
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 the rulings. Upon consideration of the Judge's decision, the
exceptions, and the entire record, we adopt, as modified below, the Judge's findings, conclusions and recommended Order.(*)
II. Order
Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Federal Service Labor-Management Relations Statute, the Department of Defense, Minot Air Force Base, North Dakota, shall:
1. Cease and desist from:
(a) Failing and refusing to furnish the National Federation of Federal Employees, Local 1041, the exclusive representative of its employees, with a complete copy of the August 1989 Inspector General's Unit Effectiveness Inspection report for the Administrative Section of Detachment 21, 9th Weather Squadron, Minot Air Force Base.
(b) In like or related manner interfering with, restraining or coercing its employees in the exercise of 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) Upon request furnish the National Federation of Federal Employees, Local 1041, the exclusive representative of its employees, with a complete copy of the August 1989 Inspector General's Unit Effective Inspection report for the Administrative Section of Detachment 21, 9th Weather Squadron, Minot Air Force Base.
(b) 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 the Commanding Officer of the Minot Air Force Base 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, Denver Regional Office, 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.
WE WILL NOT fail and refuse to furnish the National Federation of Federal Employees, Local 1041, the exclusive representative of our employees, with a complete copy of the August 1989 Inspector General's Unit Effectiveness Inspection report for the Administrative Section of Detachment 21, 9th Weather Squadron, Minot Air Force Base.
WE WILL NOT, in any like or related manner, interfere with, restrain, or coerce our employees in the exercise of the rights assured them by the Federal Service Labor-Management Relations Statute.
WE WILL furnish the National Federation of Federal Employees, Local 1041, the exclusive representative of certain of our employees, with a complete copy of the August 1989 Inspector General's Unit Effectiveness Inspection report for the Administrative Section of Detachment 21, 9th Weather Squadron, Minot Air Force Base.
(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, Denver Regional Office, Federal Labor Relations Authority, whose address is: 1244 Speer Boulevard, Suite 100, Denver, CO 80204, and whose telephone number is: (303) 844-5224.
FOOTNOTES:
(If blank, the decision does not
have footnotes.)
*/ In its exceptions the Respondent contends that it argued before the Judge that the report requested by the Union constituted guidance, advice, counsel, or training provided for management officials or supervisors relating to collective bargaining. We agree with the Respondent that it made that argument during the hearing, and we correct the Judge's findings in this regard. In arguing that the information is not disclosable under section 7114(b)(4)(C), however, the Respondent asserts only that the Authority's interpretation of section 7114(b)(4)(C) set forth in National Labor Relations Board, 38 FLRA 506 (1990), petition for review filed sub nom. National Labor Relations Board v. FLRA, No. 91-1044 (D.C. Cir. Jan. 24, 1991), is too broad. We continue to adhere to our holding in National Labor Relations Board that section 7114(b)(4)(C) does not exempt from disclosure information concerning the conditions of employment of bargaining unit employees such as "the personnel, policies and practices and other matters affecting the employee's working conditions that are not specifically related to the collective bargaining process." Id. at 523. Accordingly, we find that the Judge properly relied on that case.