DEPARTMENT OF AGRICULTURE
FOOD SAFETY AND INSPECTION SERVICE
NATIONAL JOINT COUNCIL OF FOOD INSPECTION LOCALS, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO
Case No. AT-CA-08-0394
If overtime is required, it is the responsibility of the employee covering the assignment. This provision shall not apply to situations such as a combination of assignments, emergencies, reduced inspection requirements, and when the employee can locate a voluntary, qualified, and available replacement at no additional expense to the Agency.
The Respondent’s argument that notice of a change in conditions of employment at the Boaz plant was provided to the Union by virtue of all employees being sent an email about FSIS Directive 12,600.2 in July 2007, is simply without merit. Even if the entire directive was attached or incorporated into the body of the email message, an email announcing the release of a new directive sent to all employees does not apprise an exclusive representative of any change, let alone the scope and nature of the proposed change in conditions of employment, the certainty of the change, and the planned timing of the change. Corps of Eng’rs, 53 FLRA at 82-83; Tr. 64. For the reason outlined above related to the directive’s requirement that its application be consistent with the labor agreement, it would have been just as reasonable, if not more so, for an exclusive representative to conclude that FSIS Directive 12,600.2 would result in no change to previously negotiated agreements over assignment of work and overtime, rather than assuming that changes were certain. Further, adequate notice should not require the exclusive representative to make any assumptions. With respect to the Respondent’s argument that notice was provided by virtue of changes made at other locations, that approach was rejected by the Authority in DHHS, Public Health Serv., 31 FLRA 498, 508-09 (1988).