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56 FLRA No. 100
DEPARTMENT OF THE AIR FORCE
452nd AIR MOBILITY WING
MARCH AIR RESERVE BASE, CALIFORNIA
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 3854, AFL-CIO
DECISION AND ORDER
September 12, 2000
Before the Authority: Donald S. Wasserman, Chairman and Dale Cabaniss, Member.
I. Statement of the Case
On July 18, 2000 the Respondent and the Charging Party entered into a settlement stipulation (Stipulation). On July 20, 2000, the Stipulation was approved by the San Francisco Regional Director of the Authority, on behalf of the General Counsel. [n1] The Stipulation provides for entry of a consent order by the Authority and a consent judgment by any appropriate United States Court of Appeals. In addition, the parties have waived all further and other proceedings before the Authority to which they may be entitled under the Federal Service Labor-Management Relations Statute (the Statute) and the Regulations of the Authority, and the Respondent has consented to the Authority's application for the entry of a decree by an appropriate Federal court.
The Stipulation is hereby approved and is made part of the record in this case. Based on the entire record in this case, including the Stipulation, the Authority finds that: (1) the Respondent is an agency, within the meaning of section 7103(a)(3) of the Statute; and (2) the Charging Party is a labor organization, within the meaning of section 7103(a)(4) of the Statute. Also based on the record, the Authority issues the following Order:
Based upon the above findings, the Stipulation, and the entire record in the proceedings, and pursuant to 7105(a)(2)(G) of the Statute, the Authority hereby orders that the Department of the Air Force, 452nd Air Mobility Wing, March Air Reserve Base, California, shall:
1. Cease and desist from:
(a) Failing and refusing to effectuate and honor the September 9, 1999 agreement with the Charging Party in which it was agreed that the Respondent would not issue formal dress standards covering bargaining unit employees.
(b) In any like or related manner interfering with, restraining or coercing bargaining unit employees in the exercise of their rights guaranteed by the Statute.
2. Take the following affirmative action in order to effectuate the purposes and policies of the Federal Service Labor-Management Relations Statute:
(a) Rescind the October 19, 1999 memorandum issued to employees of the Fourth Air Force and comply with the September 9, 1999 agreement.
(b) Post at all facilities and offices included in or encompassing the Department of the Air Force, 452nd Air Mobility Wing, March Air Reserve Base, California, 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, 452nd Air Mobility Wing 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 ensure that such Notices are not altered, defaced, or covered by any other material.
(c) Pursuant to section 2423.41 of the Authority's Regulations, notify the San Francisco Regional Director, in writing, within 30 days from the date of this Order, as to what steps have been taken to comply. [ v56 p632 ]
NOTICE TO ALL EMPLOYEES
POSTED BY ORDER OF THE
FEDERAL LABOR RELATIONS AUTHORITY
The Federal Labor Relations Authority has found that the Department of the Air Force, 452nd Air Mobility Wing, March Air Reserve Base, California violated the Federal Service Labor-Management Relations Statute and has ordered us to post and abide by this notice.
We hereby notify bargaining unit employees that:
On September 9, 1999, the Air Mobility Wing, March Air Reserve Base, California (Respondent) and the American Federation of Government Employees, Local 3854, AFL-CIO (Union) entered into an agreement which stated: "Except for persons wearing a military uniform, no employee shall be required to adhere to any dress or grooming standards unless it is job or safety related." It had been the parties' past practice, and it was the parties' understanding of this agreement, that the Respondent would not issue formal dress standards covering bargaining unit employees.
On October 19, 1999, the Commander of the Fourth Air Force, a tenant organization at March Air Reserve Base whose employees are in the bargaining unit, issued a letter imposing a formal dress code on bargaining unit members.
WE WILL NOT, nor will any of our tenant organizations, fail and refuse to honor the September 9, 1999 agreement made with the Union.
WE WILL NOT in any like or related manner, interfere with, restrain or coerce bargaining unit employees in the exercise of their rights assured by the Statute.
WE WILL effectuate and honor the settlement agreement negotiated with the Union.
WE WILL rescind the October 19, 1999 memorandum issued to employees of the Fourth Air Force and comply with the September 9, 1999 agreement.
Dated: _____________ By: _____________________
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, San Francisco Region, Federal Labor Relations Authority, whose address is: 901 Market Street, Suite 220, San Francisco, California 94103, and whose telephone is: (415) 356-5000.
Footnote # 1 for 56 FLRA No. 100
Pursuant to section 2423.25(c) of the Authority's Regulations, the Regional Director has submitted the settlement to the Authority for approval. In pertinent part, section 2423.25(c) states that "[t]he Authority may approve a formal settlement agreement upon a sufficient showing that it will effectuate the policies of the Federal Service Labor-Management Relations Statute."