09:0193(30)CA - Naval Space Surveillance Systems, Dahlgren, Virginia and AFGE Local 2096; Naval Surface Weapons Center, Dahlgren, Virginia and AFGE Local 2096 -- 1982 FLRAdec CA
[ v09 p193 ]
09:0193(30)CA
The decision of the Authority follows:
9 FLRA No. 30 U.S. NAVAL SPACE SURVEILLANCE SYSTEMS, DAHLGREN, VIRGINIA RespondenT and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2096 Charging Party Case No. 3-CA-1603 U.S. NAVAL SURFACE WEAPONS CENTER, DAHLGREN, VIRGINIA Respondent and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2096 Charging Party Case No. 3-CA-1778 DECISION AND ORDER THESE CASES ARE BEFORE THE AUTHORITY PURSUANT TO THE REGIONAL DIRECTOR'S "ORDER TRANSFERRING CASE TO THE AUTHORITY" IN ACCORDANCE WITH SECTION 2429.1(A) OF THE AUTHORITY'S RULES AND REGULATIONS. UPON CONSIDERING OF THE ENTIRE RECORD IN THESE CASES, INCLUDING THE PARTIES' STIPULATION OF FACTS, THE AUTHORITY FINDS: THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2096 (THE UNION) IS THE EXCLUSIVE REPRESENTATIVE OF THREE BARGAINING UNITS OF EMPLOYEES OF THE U.S. NAVAL SURFACE WEAPONS CENTER, DAHLGREN, VIRGINIA (WEAPONS CENTER), AND IS ALSO THE EXCLUSIVE REPRESENTATIVE OF A BARGAINING UNIT OF EMPLOYEES AT THE U.S. NAVAL SPACE SURVEILLANCE SYSTEMS, DAHLGREN, VIRGINIA (USNSSS). /1/ EZRA GREEN, THE UNION'S EXECUTIVE VICE-PRESIDENT AND AN EMPLOYEE OF THE WEAPONS CENTER, WAS DESIGNATED BY THE UNION TO REPRESENT IT IN NEGOTIATIONS WITH USNSSS. ON OR ABOUT OCTOBER 1, 1980, THE UNION, THROUGH GREEN, DELIVERED ITS GROUND RULES PROPOSALS TO USNSSS THROUGH THE LABOR AND EMPLOYEE RELATIONS DIVISION AT THE WEAPONS CENTER. A MEETING WAS HELD ON OR ABOUT OCTOBER 14, 1980 BETWEEN USNSSS AND THE UNION FOR THE PURPOSE OF NEGOTIATING GROUND RULES FOR CONTRACT NEGOTIATIONS FOR THE UNIT AT USNSSS. REPRESENTING USNSSS WAS ITS CHIEF NEGOTIATOR, EDWARD N. RESIO. (RESIO ALSO IS HEAD OF THE WEAPONS CENTER'S LABOR AND EMPLOYEE RELATIONS DEPARTMENT AND ITS MANAGEMENT SPOKESMAN.) RESIO SUBMITTED USNSSS' GROUND RULES PROPOSALS TO THE UNION AT THE MEETING, AND THE PARTIES DISCUSSED THEIR RESPECTIVE PROPOSALS DEALING WITH AUTHORIZED OFFICIAL TIME FOR UNION NEGOTIATORS. DURING THE MEETING, THE UNION REVISED ITS PROPOSAL TO READ AS FOLLOWS: (A) THE NEGOTIATING TEAM FOR EACH PARTY SHALL CONSIST OF NO MORE THAN FIVE (5) MEMBERS AND TWO (2) ALTERNATES. ALL UNION NEGOTIATORS WHO ARE EMPLOYED IN THE AGENCY SHALL BE AUTHORIZED OFFICIAL TIME FOR NEGOTIATIONS AND MEDIATION AND IMPASSE PROCEDURES (EMPHASIS ADDED.) RESIO STATED THAT NAVY DEPARTMENT POLICY PROHIBITED THE GRANTING OF OFFICIAL TIME TO A UNION NEGOTIATOR TO NEGOTIATE A COLLECTIVE BARGAINING AGREEMENT OUTSIDE HIS OWN UNIT. THE UNION REJECTED THAT POSITION. ON OR ABOUT OCTOBER 17, 1980, RESIO INFORMED GREEN THAT USNSSS REFUSED TO NEGOTIATE ABOUT THE UNION'S REVISED PROPOSALS. SINCE ON OR ABOUT OCTOBER 14, 1980, GREEN HAS BEEN DENIED OFFICIAL TIME TO NEGOTIATE THE COLLECTIVE BARGAINING AGREEMENT WITH USNSSS ON THE GROUNDS THAT GREEN IS NOT WITHIN THE UNIT FOR WHICH THE CONTRACT IS BEING NEGOTIATED. THE COMPLAINT IN CASE NO. 3-CA-1778 /2/ ALLEGED THAT THE WEAPONS CENTER VIOLATED SECTION 7116(A)(1), (5) AND (8) OF THE STATUTE /3/ BY REFUSING TO GRANT OFFICIAL TIME TO GREEN, THEREBY FAILING AND REFUSING TO NEGOTIATE IN GOOD FAITH WITH THE UNION. THE RESPONDENT WEAPONS CENTER CONTENDS THAT SECTION 7131(A) OF THE STATUTE /4/ DOES NOT REQUIRE IT TO AUTHORIZE OFFICIAL TIME FOR ITS EMPLOYEES TO NEGOTIATE A COLLECTIVE BARGAINING AGREEMENT WITH ANOTHER EMPLOYER (USNSSS), WHILE THE GENERAL COUNSEL ASSERTS THAT SECTION 7131(A) REQUIRES THE WEAPONS CENTER TO AUTHORIZE OFFICIAL TIME FOR THAT PURPOSE. THE AUTHORITY HAS HELD THAT THE OFFICIAL TIME ENTITLEMENT UNDER SECTION 7131(A) ACCRUES ONLY TO AN EMPLOYEE WHO IS WITHIN THE BARGAINING UNIT INVOLVED IN THE NEGOTIATIONS. UNITED STATES AIR FORCE, 2750TH AIR BASE WING HEADQUARTERS, AIR FORCE LOGISTICS COMMAND, WRIGHT-PATTERSON AFB, OHIO, 7 FLRA NO. 118(1982); U.S. DEPARTMENT OF THE ARMY, 94TH U.S. ARMY RESERVE COMMAND, HANSCOM AIR FORCE BASE, MASSACHUSETTS, 8 FLRA NO. 13(1982). THEREFORE, IN THE FOREGOING REGARD, THE AUTHORITY FINDS THAT THE RESPONDENT WEAPONS CENTER HAS NOT VIOLATED THE STATUTE. HOWEVER, THE AUTHORITY FURTHER FINDS THAT THE RESPONDENT WEAPONS CENTER VIOLATED THE STATUTE WHEN ITS AGENT, RESIO, /5/ REFUSED TO BARGAIN IN GOOD FAITH WITH THE UNION UNDER SECTION 7131(D) OF THE STATUTE /6/ OVER A PROPOSAL WHICH WOULD GRANT SUCH OFFICIAL TIME TO UNION REPRESENTATIVE GREEN. SEE DEPARTMENT OF DEFENSE, DEPARTMENT OF THE NAVY, POLARIS MISSILE FACILITY ATLANTIC, CHARLESTON, SOUTH CAROLINA, 6 FLRA NO. 67(1981). SEE ALSO INTERPRETATION AND GUIDANCE, 7 FLRA NO. 105(1982). ORDER PURSUANT TO SECTION 2423.29 OF THE FEDERAL LABOR RELATIONS AUTHORITY'S RULES AND REGULATIONS AND SECTION 7118 OF THE STATUTE, IT IS HEREBY ORDERED THAT THE U.S. NAVAL SURFACE WEAPONS CENTER, DAHLGREN, VIRGINIA, SHALL: 1. CEASE AND DESIST FROM: (A) FAILING AND REFUSING TO NEGOTIATE IN GOOD FAITH WITH THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2096,.THE EXCLUSIVE REPRESENTATIVE OF ITS EMPLOYEES, OVER THE GRANTING OF OFFICIAL TIME FOR EZRA GREEN OR ANY OTHER EMPLOYEE SERVING AS A REPRESENTATIVE OF SUCH EXCLUSIVE REPRESENTATIVE IN COLLECTIVE BARGAINING NEGOTIATIONS INVOLVING A BARGAINING UNIT OTHER THAN THE ONE IN WHICH THE EMPLOYEE IS INCLUDED. (B) IN ANY LIKE OR RELATED MANNER INTERFERING WITH, RESTRAINING, OR COERCING 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, MEET AND NEGOTIATE IN GOOD FAITH WITH THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2096, THE EXCLUSIVE REPRESENTATIVE OF ITS EMPLOYEES, OVER THE GRANTING OF OFFICIAL TIME FOR EZRA GREEN OR ANY OTHER EMPLOYEE SERVING AS A REPRESENTATIVE OF SUCH EXCLUSIVE REPRESENTATIVE IN COLLECTIVE BARGAINING NEGOTIATIONS INVOLVING A BARGAINING UNIT OTHER THAN THE ONE IN WHICH THE EMPLOYEE IS INCLUDED. (B) POST AT ITS FACILITIES AT THE U.S. NAVAL SURFACE WEAPONS CENTER, DAHLGREN, VIRGINIA, 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 OF THE U.S. NAVAL SURFACE WEAPONS CENTER, DAHLGREN, VIRGINIA, AND SHALL BE POSTED AND MAINTAINED BY HIM FOR 60 CONSECUTIVE DAYS THEREAFTER, IN CONSPICUOUS PLACES, INCLUDING ALL BULLETIN BOARDS AND OTHER PLACES WHERE NOTICES TO EMPLOYEES ARE CUSTOMARILY POSTED. THE COMMANDER SHALL TAKE REASONABLE STEPS 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, REGION III, 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. IT IS FURTHER ORDERED THAT THE COMPLAINT IN CASE NO. 3-CA-1603 BE, AND IT HEREBY IS, DISMISSED. ISSUED, WASHINGTON, D.C., JUNE 23, 1982 RONALD W. HAUGHTON, CHAIRMAN HENRY B. FRAZIER III, MEMBER LEON B. APPLEWHAITE, MEMBER FEDERAL LABOR RELATIONS AUTHORITY NOTICE TO ALL EMPLOYEES PURSUANT TO A DECISION AND ORDER OF THE FEDERAL LABOR RELATIONS AUTHORITY AND IN ORDER TO EFFECTUATE THE POLICIES OF CHAPTER 71 OF TITLE 5 OF THE UNITED STATES CODE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS WE HEREBY NOTIFY OUR EMPLOYEES THAT: WE WILL NOT FAIL OR REFUSE TO NEGOTIATE IN GOOD FAITH WITH THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2096, THE EXCLUSIVE REPRESENTATIVE OF OUR EMPLOYEES, OVER THE GRANTING OF OFFICIAL TIME FOR EZRA GREEN OR ANY OTHER EMPLOYEE SERVING AS A REPRESENTATIVE OF SUCH EXCLUSIVE REPRESENTATIVE IN COLLECTIVE BARGAINING NEGOTIATIONS INVOLVING A BARGAINING UNIT OTHER THAN THE ONE IN WHICH THE EMPLOYEE IS INCLUDED. WE WILL NOT IN ANY LIKE OR RELATED MANNER INTERFERE WITH, RESTRAIN, OR COERCE EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY THE STATUTE. WE WILL, UPON REQUEST, MEET AND NEGOTIATE IN GOOD FAITH WITH THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2096, THE EXCLUSIVE REPRESENTATIVE OF OUR EMPLOYEES, OVER THE GRANTING OF OFFICIAL TIME FOR EZRA GREEN OR ANY OTHER EMPLOYEE SERVING AS A REPRESENTATIVE OF SUCH EXCLUSIVE REPRESENTATIVE IN COLLECTIVE BARGAINING NEGOTIATIONS INVOLVING A BARGAINING UNIT OTHER THAN THE ONE IN WHICH THE EMPLOYEE IS INCLUDED. (AGENCY OR ACTIVITY) DATED: BY: (SIGNATURE) 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 ANY OF ITS PROVISIONS, THEY MAY COMMUNICATE DIRECTLY WITH THE REGIONAL DIRECTOR, REGION III, FEDERAL LABOR RELATIONS AUTHORITY, WHOSE ADDRESS IS: 1111 18TH STREET, NW., WASHINGTON, D.C. 20036 AND WHOSE TELEPHONE NUMBER IS: (202) 653-8452. --------------- FOOTNOTES$ --------------- /1/ USNSSS AND THE WEAPONS CENTER ARE SEPARATE ACTIVITIES WITHIN THE DEPARTMENT OF THE NAVY WHICH REPORT THROUGH SEPARATE CHAINS OF COMMAND TO THE CHIEF OF NAVAL OPERATIONS. BOTH ACTIVITIES ARE SUBORDINATE ELEMENTS OF THE DEPARTMENT OF NAVY. USNSSS IS A TENANT ACTIVITY OF, AND RECEIVES PERSONNEL AND OTHER SUPPORT SERVICES FROM, THE WEAPONS CENTER AS SET FORTH IN A SUPPORT AGREEMENT. /2/ IDENTICAL COMPLAINTS WERE ISSUED AGAINST USNSSS AND THE WEAPONS CENTER. AS USNSSS IS NOT THE EMPLOYER OF EZRA GREEN, THE EMPLOYEE FOR WHOM OFFICIAL TIME IS SOUGHT, IT CANNOT BE REQUIRED TO GRANT OFFICIAL TIME TO HIM UNDER THE STATUTE OR THROUGH NEGOTIATIONS. THEREFORE, THE COMPLAINT AGAINST USNSSS IN CASE NO. 3-CA-1603 MUST BE DISMISSED. /3/ SEC. 7116. UNFAIR LABOR PRACTICES (A) FOR THE PURPOSE OF THIS CHAPTER, IT SHALL BE AN UNFAIR LABOR PRACTICE FOR AN AGENCY-- (1) TO INTERFERE WITH, RESTRAIN, OR COERCE ANY EMPLOYEE IN THE EXERCISE BY THE EMPLOYEE OF ANY RIGHT UNDER THIS CHAPTER; . . . . (5) TO REFUSE TO CONSULT OR NEGOTIATE IN GOOD FAITH WITH A LABOR ORGANIZATION AS REQUIRED BY THIS CHAPTER; . . . . (8) TO OTHERWISE FAIL OR REFUSE TO COMPLY WITH ANY PROVISION OF THIS CHAPTER. /4/ SEC. 7131. OFFICIAL TIME (A) ANY EMPLOYEE REPRESENTING AN EXCLUSIVE REPRESENTATIVE IN THE NEGOTIATION OF A COLLECTIVE BARGAINING AGREEMENT UNDER THIS CHAPTER SHALL BE AUTHORIZED OFFICIAL TIME FOR SUCH PURPOSES, INCLUDING ATTENDANCE AT IMPASSE PROCEEDING, DURING THE TIME THE EMPLOYEE OTHERWISE WOULD BE IN A DUTY STATUS. THE NUMBER OF EMPLOYEES FOR WHOM OFFICIAL TIME IS AUTHORIZED UNDER THIS SUBSECTION SHALL NOT EXCEED THE NUMBER OF INDIVIDUALS DESIGNATED AS REPRESENTING THE AGENCY FOR SUCH PURPOSES. /5/ AS NOTED ABOVE, RESIO IS NOT ONLY THE CHIEF NEGOTIATOR FOR USNSSS BUT THE MANAGEMENT SPOKESMAN FOR THE WEAPONS CENTER. THUS, WHEN HE REFUSED TO BARGAIN WITH THE UNION OVER THE GROUND RULE PROPOSAL GRANTING SUCH OFFICIAL TIME, CITING NAVY POLICY, HE WAS STATING THE POSITION OF BOTH RESPONDENTS. /6/ SECTION 7131(D) PROVIDES: (D) EXCEPT AS PROVIDED IN THE PRECEDING SUBSECTIONS OF THIS SECTION-- (1) ANY EMPLOYEE REPRESENTING AN EXCLUSIVE REPRESENTATIVE, OR (2) IN CONNECTION WITH ANY OTHER MATTER COVERED BY THIS CHAPTER, ANY EMPLOYEE IN AN APPROPRIATE UNIT REPRESENTED BY AN EXCLUSIVE REPRESENTATIVE, SHALL BE GRANTED OFFICIAL TIME IN ANY AMOUNT THE AGENCY AND THE EXCLUSIVE REPRESENTATIVE INVOLVED AGREE TO BE REASONABLE, NECESSARY, AND IN THE PUBLIC INTEREST.