43:0748(60)CA - - HUD and AFGE Local 476 - - 1991 FLRAdec CA - - v43 p748
[ v43 p748 ]
The decision of the Authority follows:
43 FLRA No. 60
FEDERAL LABOR RELATIONS AUTHORITY
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
LOCAL 476, AFL-CIO
DECISION AND ORDER
December 20, 1991
Before Chairman McKee and Members Talkin and Armendariz.
I. Statement of the Case
This unfair labor practice case is before the Authority on exceptions to the attached decision of the Administrative Law Judge filed by the Respondent. No opposition was filed to the Respondent's exceptions.
The complaint alleged that Respondent violated section 7116(a)(1), (5), and (8) of the Federal Service Labor-Management Relations Statute (the Statute) when the Respondent failed and refused to furnish the Union with crediting plans and bench marks requested regarding three vacancy announcements in the Office of Public and Indian Housing. The Judge found that the Respondent did not violate the Statute with regard to the bench marks. The Judge further found that the Respondent violated section 7116(a)(1), (5), and (8) of the Statute by failing and refusing to make the crediting plans available to the Union.
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 Respondent's exceptions, and the entire record, we adopt the Judge's findings, conclusions, and recommended Order as modified.(*) See U.S. Department of Housing and Urban Development, 42 FLRA 1002 (1991) (the Authority adopted the administrative law judge's decision that the agency violated section 7116(a)(1), (5), and (8) of the Statute by refusing to provide the union with data, including a crediting plan, regarding a vacancy announcement); and U.S. Department of Justice, Bureau of Prisons, Allenwood Federal Prison Camp, Montgomery, Pennsylvania, 40 FLRA 449 (1991) (the Authority found that the agency violated section 7116(a)(1), (5), and (8) of the Statute by refusing to release a copy of a specific crediting plan to the union for a potential grievance), petition for review filed sub nom. U.S. Department of Justice, Bureau of Prisons, Allenwood Federal Prison Camp, Montgomery, Pennsylvania v. FLRA, No. 91-1293 (D.C. Cir. June 21, 1991).
The Respondent argues that the Judge erroneously ordered the Respondent to disclose the crediting plans for the vacancy announcements in question because the request is moot. The Respondent contends that the Union's request for the credibility plans is moot because an employee's case identified as being a basis for the Union's request "has now been decided by an arbitrator." Respondent's Exceptions at 11.
We reject the Respondent's contention that the Union's request is moot. The Judge found that "several unit employees complained to the Union about their non-selection" for the vacancies in question and that "[i]n such circumstances the Union would certainly need the crediting plans in order to determine the merits of the other employees' complaints." Judge's Decision at 2, 6. As the Judge found that several unit employees complained to the Union about their non-selection for the vacancies in question and as the Union may properly request necessary information regarding the merits of potential grievances, we conclude that the Union's request for the crediting plans is not moot. Accordingly, we will order the Respondent, upon request, to furnish the Union copies of the crediting plans requested by the Union in its letter dated October 22, 1990.
Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Federal Service Labor-Management Relations Statute, the U.S. Department of Housing and Urban Development shall:
1. Cease and desist from:
(a) Failing and refusing to furnish the American Federation of Government Employees, Local 476, AFL-CIO, the exclusive representative of its unit employees at its Headquarters in Washington, D.C., the crediting plans requested by the Union in its letter dated October 22, 1990.
(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 Federal Service Labor-Management Relations Statute:
(a) Upon request, furnish the American Federation of Government Employees, Local 476, AFL-CIO, copies of the crediting plans requested by the Union in its letter dated October 22, 1990.
(b) Post at its facilities in Washington, D.C., 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 Director of the Employee Classification Division, Washington, D.C. 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, Washington Region, Federal Labor Relations Authority, in writ