[ v10 p235 ]
10:0235(45)CA
The decision of the Authority follows:
10 FLRA No. 45
ARMY AND AIR FORCE EXCHANGE SERVICE (AAFES),
FORT CARSON, COLORADO
Respondent
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 1345
Charging Party
Case Nos. 7-CA-780
7-CA-802
DECISION AND ORDER
THE ADMINISTRATIVE LAW JUDGE ISSUED THE ATTACHED DECISION IN THE
ABOVE-ENTITLED PROCEEDING, FINDING THAT THE RESPONDENT HAD NOT ENGAGED
IN CERTAIN UNFAIR LABOR PRACTICES UNDER SECTION 7116(A)(1) AND (5) OF
THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE) IN
CASE NO. 7-CA-802, AND HAD ENGAGED IN CERTAIN UNFAIR LABOR PRACTICES
UNDER SECTION 7116(A)(1) AND (5) OF THE STATUTE IN CASE NO. 7-CA-780.
NO EXCEPTIONS WERE FILED BY EITHER PARTY.
PURSUANT TO SECTION 2423.29 OF THE AUTHORITY'S RULES AND REGULATIONS
AND SECTION 7118 OF THE STATUTE, THE AUTHORITY HAS REVIEWED THE RULINGS
OF THE JUDGE MADE AT THE HEARING AND FINDS THAT NO PREJUDICIAL ERROR WAS
COMMITTED. THE RULINGS ARE HEREBY AFFIRMED. UPON CONSIDERATION OF THE
JUDGE'S DECISION AND THE ENTIRE RECORD IN THE SUBJECT CASE, AND NOTING
PARTICULARLY THE ABSENCE OF EXCEPTIONS, THE AUTHORITY HEREBY ADOPTS THE
JUDGE'S FINDINGS, CONCLUSIONS AND RECOMMENDATIONS.
ORDER
PURSUANT TO SECTION 2423.29 OF THE RULES AND REGULATIONS OF THE
AUTHORITY AND SECTION 7118 OF THE STATUTE, THE AUTHORITY HEREBY ORDERS
THAT THE ARMY AND AIR FORCE EXCHANGE SERVICE (AAFES), FORT CARSON,
COLORADO SHALL:
1. CEASE AND DESIST FROM:
(A) INSTITUTING ANY CHANGE IN THE PRACTICE OF APPROVING SICK LEAVE
FOR LESS THAN THREE DAYS
ALTHOUGH EMPLOYEES HAVE NOT SUBMITTED EXPLANATORY REASONS WITHOUT
FIRST AFFORDING THE AMERICAN
FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 1345, THE
EXCLUSIVE REPRESENTATIVE OF ITS
EMPLOYEES, NOTICE AND, UPON REQUEST, AN OPPORTUNITY TO BARGAIN
CONCERNING SUCH CHANGE.
(B) IN ANY LIKE OR RELATED MANNER INTERFERING WITH, RESTRAINING, OR
COERCING ITS EMPLOYEES
IN THE EXERCISE OF THEIR RIGHTS ASSURED BY THE STATUTE.
2. TAKE THE FOLLOWING AFFIRMATIVE ACTION IN ORDER TO EFFECTUATE THE
PURPOSES AND POLICIES OF THE STATUTE:
(A) RESUME THE PRACTICE OF APPROVING SICK LEAVE REQUESTS FOR LESS
THAN THREE DAYS WITHOUT REQUIRING EXPLANATORY REASONS. /1/
(B) POST AT ITS FACILITIES IN FORT CARSON, COLORADO COPIES OF THE
ATTACHED NOTICE ON FORMS
TO BE FURNISHED BY THE AUTHORITY. UPON RECEIPT OF SUCH FORMS, THEY
SHALL BE SIGNED BY THE
GENERAL MANAGER OF THE ARMY AND AIR FORCE EXCHANGE SERVICE, FORT
CARSON, COLORADO, AND SHALL
BE POSTED AND MAINTAINED BY THIS OFFICIAL FOR 60 CONSECUTIVE DAYS
THEREAFTER, IN CONSPICUOUS
PLACES, INCLUDING ALL BULLETIN BOARDS AND OTHER PLACES WHERE NOTICES
ARE CUSTOMARILY
POSTED. THE OFFICIAL SHALL TAKE 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
FEDERAL LABOR RELATIONS AUTHORITY, ACTING REGIONAL DIRECTOR, REGION
VII, 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. 7-CA-802 BE, AND
IT HEREBY IS, DISMISSED.
ISSUED, WASHINGTON, D.C., SEPTEMBER 30, 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 INSTITUTE ANY CHANGE IN THE PRACTICE OF APPROVING SICK
LEAVE REQUESTS FOR LESS THAN THREE DAYS ALTHOUGH EMPLOYEES HAVE NOT
SUBMITTED EXPLANATORY REASONS, WITHOUT FIRST AFFORDING THE AMERICAN
FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 1345, THE EXCLUSIVE
REPRESENTATIVE OF OUR EMPLOYEES, NOTICE AND, UPON REQUEST, AN
OPPORTUNITY TO BARGAIN CONCERNING SUCH CHANGE.
WE WILL NOT, IN ANY LIKE OR RELATED MANNER, INTERFERE WITH, RESTRAIN
OR COERCE OUR EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY THE
STATUTE.
WE WILL IMMEDIATELY RESUME THE PRACTICE OF APPROVING SICK LEAVE
REQUESTS FOR LESS THAN THREE DAYS WITHOUT REQUIRING EXPLANATORY REASONS.
(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
ACTING REGIONAL DIRECTOR, REGION VII, FEDERAL LABOR RELATIONS AUTHORITY,
WHOSE ADDRESS IS: 1531 STOUT STREET, SUITE 301, DENVER, CO 80202, AND
WHOSE TELEPHONE NUMBER IS (816) 374-2199.
-------------------- ALJ$ DECISION FOLLOWS --------------------
LUTHER G. JONES, III, ESQ.
FOR THE RESPONDENT
KENNETH BULL
FOR THE CHARGING PARTY
CATHY A. AUBLE, ESQ.
JAMES J. GONZALES, ESQ.
FOR THE GENERAL COUNSEL
BEFORE: ALAN W. HEIFETZ
ADMINISTRATIVE LAW JUDGE
DECISION
STATEMENT OF THE CASE
THIS PROCEEDING AROSE PURSUANT TO THE FEDERAL SERVICE
LABOR-MANAGEMENT RELATIONS STATUTE, 5 U.S.C 7101 ET SEQ., AS A RESULT OF
UNFAIR LABOR PRACTICE CHARGES FILED ON SEPTEMBER 22 AND 26, 1980, WITH
THE FEDERAL LABOR RELATIONS AUTHORITY. CONSEQUENTLY, THE REGIONAL
DIRECTOR, REGION VII OF THE AUTHORITY, ISSUED A NOTICE CONSOLIDATING
THESE PROCEEDINGS AND COMPLAINTS ALLEGING THAT RESPONDENT VIOLATED
SECTION 7116(A)(1) AND (5) OF THE STATUTE BY UNILATERALLY CHANGING
WORKING CONDITIONS WHEN IT REQUIRED (1) THAT EMPLOYEES WHO REQUEST SICK
LEAVE FOR LESS THAN THREE DAYS GIVE A REASON IN SUPPORT OF THAT REQUEST,
AND (2) THAT CUSTOMER SERVICE CLERKS, THEMSELVES, PULL CUSTOMER LAYAWAY
ITEMS FROM THE STOCKROOM. RESPONDENT DENIES ANY CHANGES IN WORKING
CONDITIONS AND INSISTS ONLY THAT EXISTING POLICIES WERE REAFFIRMED AT
THE TIME THE ALLEGED CHANGES TOOK PLACE.
A HEARING WAS HELD ON FEBRUARY 25 AND 26, 1981, IN DENVER, COLORADO.
ALL PARTIES WERE AFFORDED FULL OPPORTUNITY TO EXAMINE WITNESSES AND TO
INTRODUCE EVIDENCE. POST HEARING BRIEFS HAVE BEEN FILED AND CONSIDERED.
UPON THE ENTIRE RECORD, INCLUDING MY OBSERVATION OF THE WITNESSES AND
THEIR DEMEANOR, I MAKE THE FOLLOWING FINDINGS, CONCLUSIONS AND
RECOMMENDATIONS.
FINDINGS OF FACT
7-CA-780-- SICK LEAVE REQUESTS
ALTHOUGH THE SUBJECT OF SICK LEAVE IS DISCUSSED IN THE PARTIES'
CONTRACT AND REFERENCED REGULATIONS, NO WHERE IS IT SPECIFIED IN THOSE
DOCUMENTS THAT REQUESTS FOR LESS THAN THREE DAYS SICK LEAVE MUST BE
SUPPORTED BY WRITTEN REASONS. THE ONLY REFERENCE TO THE REASON AN
EMPLOYEE MIGHT REQUEST SICK LEAVE IS CONTAINED ON AAFES FORM 1400-6
(REV. DEC. 75). THAT FORM, ENTITLED "REQUEST FOR LEAVE/MATERNITY
ABSENCE", CONTAINS BLANKS FOR THE EMPLOYEE'S NAME, SOCIAL SECURITY
NUMBER, ACTIVITY/BRANCH, TYPE OF LEAVE REQUESTED, PERIOD OF LEAVE AND
NUMBER OF HOURS REQUIRED, DATE SUBMITTED, AND SIGNATURE. ALL OF THESE
BLANKS ARE ROUTINELY FILLED IN BY THE EMPLOYEE. HOWEVER, ONE OTHER
BLANK IS ENTITLED "REASON (NOT REQUIRED FOR VACATION LEAVE)". THE
DISPUTE IN THIS CASE IS WHETHER EMPLOYEES HAVE BEEN UNDER A CONTINUING
OBLIGATION TO FILL IN THAT PARTICULAR BLANK.
IRIS MURPHY HAS BEEN EMPLOYED AT THE FORT CARSON EXCHANGE FOR EIGHT
YEARS. IN THE FIRST SIX MONTHS OF 1980, SHE HAD OCCASION TO REQUEST
SICK LEAVE AND TO FILL OUT A FORM 1400-6. SHE DID NOT FILL IN THE
"REASON" BOX AND HER REQUEST WAS APPROVED. /2/ HOWEVER, IN AUGUST OF
1980, SHE ATTENDED A BRIEF MEETING CALLED BY HER SUPERVISOR AND WAS TOLD
THAT FROM THAT TIME FORTH, THE "REASON" BLANK HAD TO BE FILLED IN
WHENEVER SICK LEAVE WAS REQUESTED. SINCE THAT TIME, SHE HAS SUBMITTED
SEVERAL REQUESTS FOR LESS THAN THREE DAYS SICK LEAVE AND HAS COMPLETED
THE "REASON" BLANK AS INSTRUCTED.
MARLENE MOOSMAN IS A VICE PRESIDENT OF THE UNION AND HAS BEEN
EMPLOYED AT THE FORT CARSON EXCHANGE FOR FOURTEEN YEARS. PRIOR TO
AUGUST OF 1980, SHE DID NOT FILL IN THE "REASON" BLANK WHEN REQUESTING
SICK LEAVE OF LESS THAN THREE DAYS AND HER REQUESTS WERE ALWAYS
APPROVED. SHE FIRST HEARD THAT REASONS WERE BEING REQUIRED WHEN SOME
EMPLOYEES COMPLAINED TO HER IN AUGUST WANTING TO KNOW WHY REASONS WERE
BEING CALLED FOR WHEN THEY HAD NOT IN THE PAST. THESE EMPLOYEES TOLD
HERE THAT THEY THOUGHT SUCH REASONS WERE PERSONAL AND NO ONE ELSE'S
BUSINESS. MS. MOOSMAN VERIFIED THE REQUIREMENT OF A STATEMENT OF REASON
WHEN SHE HAD HER OWN REQUEST FOR SICK LEAVE TURNED DOWN UNTIL SHE
COMPLETED THE "REASON" BLANK. AS THE REPRESENTATIVE OF THE UNION AT THE
FORT CARSON EXCHANGE, SHE WAS NOT NOTIFIED NOR GIVEN AN OPPORTUNITY TO
BARGAIN OVER THE REQUIREMENT THAT THE "REASON" BLANK BE COMPLETED.
AAFES GENERAL MANAGER STUART W. FOGELMAN, PERSONNEL MANAGER PHILIP
SCHUNK AND PERSONNEL ASSISTANT DOLA CLARK ALL TESTIFIED ON BEHALF OF
RESPONDENT THAT NO CHANGE IN POLICY TOOK PLACE, BUT THAT ENFORCEMENT OF
THE POLICY HAD BECOME LAX AND THAT STRICKER ENFORCEMENT WAS WHAT WAS
CALLED FOR IN JUNE OF 1980. MRS. CLARK EXPLAINED THAT THE PROBLEM HAD
BEEN BROUGHT TO HER ATTENTION BY A PERSONNEL CLERK WHO INFORMED HER THAT
"AN EXORBITANT AMOUNT" OF REQUESTS CONTAINED NO REASONS.
COUNSEL FOR THE GENERAL COUNSEL INTRODUCED AN EXHIBIT CONTAINING
APPROXIMATELY 1000 SICK LEAVE REQUESTS OVER THE YEARS 1978, 1979 AND
1980. THESE REQUESTS OF RESPONDENT'S EMPLOYEES WHICH HAD BEEN APPROVED
WITHOUT THE "REASON" BLOCK BEING FILLED IN. RESPONDENT INTRODUCED ITS
OWN STUDY /3/ COVERING A PERIOD FROM FEBRUARY 3, 1978 TO NOVEMBER 7,
1980. ALTHOUGH THAT STUDY DID NOT PURPORT TO INCLUDE EVERY REQUEST FOR
SICK LEAVE MADE DURING THAT TIME PERIOD, IT SHOWED THAT OUT OF 2390
REQUESTS FOR SICK LEAVE, 1004 DID NOT SHOW A REASON FOR THE REQUEST.
7-CA-802 -- RETRIEVAL OF CUSTOMER LAYAWAY ITEMS
AAFES OPERATES A LAYAWAY SERVICE FOR ITS CUSTOMERS WHEREBY THEY MAY
SELECT AN ITEM, LAY IT AWAY WHILE MAKING MONTHLY PAYMENTS, AND PICK IT
UP AFTER THE FINAL PAYMENT HAS BEEN MADE. THE CUSTOMER SERVICE AREA IS
NEAR THE MAIN ENTRANCE TO THE STORE. LAYAWAY ITEMS ARE KEPT EITHER AT
THAT LOCATION OR IN THE STOCKROOM WHICH IS LOCATED ACROSS THE SALES
FLOOR AT THE OPPOSITE END OF THE STORE. THE STOCKROOM HAS AN UPPER AND
LOWER LEVEL. IN ORDER TO RETRIEVE AN ITEM IN THE SECURED UPPER AREA OF
THE STOCKROOM, ONE WOULD OBTAIN A KEY AT THE CUSTOMER SERVICE AREA,
TRAVERSE THE SALES FLOOR, ENTER THE LOWER LEVEL OF THE STOCKROOM AND,
FINALLY, CLIMB THE STAIRS TO THE UPPER LEVEL.
COUNSEL FOR THE GENERAL COUNSEL PRESENTED TESTIMONY THROUGH TWO
WITNESSES CONCERNING PROCEDURES FOR LAYAWAY ITEMS. MS. MOOSMAN WORKS
ONLY ABOUT TWENTY PERCENT OF HER TIME IN CUSTOMER SERVICE AND HAS HAD
LIMITED EXPERIENCE WITH THE RETRIEVAL OF LAYAWAYS. SHE DID TESTIFY THAT
THREE EMPLOYEES COMPLAINED TO HER IN AUGUST OF 1980 THAT THEY HAD
RECENTLY BEEN INFORMED THAT THEY WOULD HAVE TO RETRIEVE ALL BUT HEAVY
AND BULKY LAYAWAYS FROM THE STOCKROOM THEMSELVES RATHER THAN HAVE
STOCKROOM CLERKS BRING THEM OUT TO THE FRONT OF THE STORE. MARY MCRAE
WAS ONE OF THESE EMPLOYEES AND SHE CONFIRMED THAT HER SUPERVISOR TOLD
HER OF THIS PROCEDURE. HOWEVER, THE OPERATIONS MANAGER, THE CUSTOMER
SERVICE SUPERVISOR, AND ANOTHER CUSTOMER SERVICE CLERK, ALL TESTIFIED
THAT THERE HAD BEEN NO CHANGE IN PROCEDURES AND THAT CUSTOMER SERVICE
CLERKS WERE ALWAYS UNDER A DUTY TO RETRIEVE LAYAWAYS UNLESS THEY WERE
HEAVY OR BULKY. MS. MCELHANNON, THE OPERATIONS MANAGER, DID ACKNOWLEDGE
THAT PRIOR TO CHRISTMAS, WHEN INVENTORIES WERE BUILDING UP, STOCKROOM
PERSONNEL WERE COMPLAINING THAT THEY WERE CONTINUOUSLY BEING INTERRUPTED
BY REQUESTS FROM CUSTOMER SERVICE. THESE COMPLAINTS LED HER TO ASK THE
CUSTOMER SERVICE SUPERVISOR TO INFORM THE CUSTOMER SERVICE CLERKS THAT
THEY WERE "DEVIATING AND THAT THEIR REQUIREMENTS WERE TO GET THEIR OWN
LAYAWAYS FROM THE STOCKROOM."
DISCUSSION AND CONCLUSIONS
THERE IS NO DISPUTE IN THIS MATTER THAT AN EMPLOYER MAY NOT
UNILATERALLY CHANGE WORKING CONDITIONS WITHOUT AFFORDING THE EXCLUSIVE
REPRESENTATIVE WITH NOTICE AND AN OPPORTUNITY TO BARGAIN OVER THE
CHANGE. THE QUESTION PRESENTED IN THESE CASES IS WHETHER PREVIOUSLY
TOLERATED PRACTICES MATURED INTO WORKING CONDITIONS PRIOR TO
RESPONDENT'S DECISION STRICTLY TO ENFORCE ITS OFFICIAL POLICY.
WITH REGARD TO SICK LEAVE REQUESTS, I CONCLUDE THAT THE PRACTICES OF
LEAVING THE "REASON" BLOCK BLANK WHEN REQUESTING SICK LEAVE OF LESS THAN
THREE DAYS WAS SO WIDESPREAD OVER A CONSIDERABLE PERIOD OF TIME THAT IT
DID MATURE INTO A WORKING CONDITION AND THAT RESPONDENT WAS OBLIGATED TO
BARGAIN WITH THE UNION OVER ANY CHANGE IN THAT PRACTICE. WHEN FORTY TWO
PERCENT OF LEAVE REQUESTS OVER THREE YEARS DO NOT CONFORM WITH WHAT IS
SUPPOSED TO BE OFFICIAL POLICY, THAT IS EVIDENCE OF MORE THAN MERE LAX
ENFORCEMENT; IT AMOUNTS TO ACQUIESCENCE. UNDER SUCH CIRCUMSTANCES, AND
ESPECIALLY WHERE NO SPECIFIC RULE, REGULATION OR CONTRACT PROVISION
SPEAKS DIRECTLY TO THE NECESSITY OF FILLING IN THAT PARTICULAR BLANK,
EMPLOYEES MIGHT REASONABLY CONCLUDE THAT THE FORM, LAST REVISED IN 1975,
HAD BECOME OBSOLETE IN 1980.
AS TO THE RETRIEVAL OF CUSTOMER LAYAWAY ITEMS, I AM CONSTRAINED TO
FIND THAT THE GENERAL COUNSEL HAS NOT MET ITS BURDEN OF PROOF AND THAT
THE COMPLAINT SHOULD BE DISMISSED. WHILE IT IS CLEAR THAT AT SOME POINT
PRIOR TO AUGUST OF 1980, SOME CUSTOMER SERVICE CLERKS WERE UTILIZING
STOCKROOM CLERKS TO RETRIEVE LAYAWAY ITEMS, THE RECORD IS NOT SUFFICIENT
TO MAKE FINDINGS AS TO THE EXTENT OR DURATION OF THAT PRACTICE AND,
ACCORDINGLY, I AM UNABLE TO CONCLUDE THAT SUCH A PRACTICE MATURED INTO A
WORKING CONDITION. THIS CONCLUSION IS BUTRESSED BY RECORD EVIDENCE
WHICH INDICATES THAT NO CHANGE IN LAYAWAY PROCEDURES EVER OCCURRED. I
DO NOT FIND THE EVIDENCE TO BE CONTRADICTORY; I FIND ONLY THAT CALLING
ON STOCKROOM PERSONNEL WAS NOT UNIVERSAL AND WAS NOT SHOWN TO BE
WIDESPREAD.
HAVING FOUND AND CONCLUDED THAT RESPONDENT DID NOT VIOLATE THE
STATUTE AS ALLEGED IN CASE NO. 7-CA-802, AND THAT RESPONDENT DID VIOLATE
SECTIONS 7116(A)(1) AND (5) OF THE STATUTE AS ALLEGED IN CASE NO.
7-CA-780, I RECOMMEND THAT THE FEDERAL LABOR RELATIONS AUTHORITY ISSUE
THE FOLLOWING ORDER PURSUANT TO 5 CFR 2423.29(C):
ORDER
ORDERED, THAT THE COMPLAINT IN CASE NO. 7-CA-802 IS DISMISSED.
FURTHER ORDERED, THAT IN CASE NO. 7-CA-780, THE ARMY AND AIR FORCE
EXCHANGE SERVICE, FORT CARSON, COLORADO SHALL:
1. CEASE AND DESIST FROM:
(A) INSTITUTING ANY CHANGE IN THE PRACTICE OF APPROVING SICK LEAVE
FOR LESS THAN THREE DAYS
ALTHOUGH EMPLOYEES HAVE NOT SUBMITTED WRITTEN REASONS ON AAFES FORM
1400-6, WITHOUT FIRST
AFFORDING THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO,
LOCAL 1345, NOTICE AND,
UPON REQUEST, AN OPPORTUNITY TO BARGAIN TO THE FULLEST EXTENT OF THE
LAW.
(B) IN ANY LIKE OR RELATED MANNER, INTERFERING WITH, RESTRAINING OR
COERCING 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 STATUTE:
(A) RESUME THE PRACTICE OF APPROVING SICK LEAVE REQUESTS FOR LESS
THAN THREE DAYS WITHOUT
REQUIRING EXPLANATORY REASONS.
(B) POST AT ITS FACILITIES COPIES OF THE ATTACHED NOTICE MARKED
"APPENDIX" ON FORMS TO BE
FURNISHED BY THE FEDERAL LABOR RELATIONS AUTHORITY. UPON RECEIPT OF
SUCH FORMS THEY SHALL BE
SIGNED BY THE GENERAL MANAGER OF THE ARMY AND AIR FORCE EXCHANGE
SERVICE, FORT CARSON,
COLORADO, AND SHALL BE POSTED AND MAINTAINED FOR 60 CONSECUTIVE DAYS
THEREAFTER IN CONSPICUOUS
PLACES, INCLUDING ALL BULLETIN BOARDS AND OTHER PLACES WHERE NOTICES
ARE CUSTOMARILY
POSTED. REASONABLE STEPS SHALL BE TAKEN TO ENSURE THAT THE NOTICES
ARE NOT ALTERED, DEFACED
OR COVERED BY ANY OTHER MATERIALS.
(C) NOTIFY THE FEDERAL LABOR RELATIONS AUTHORITY IN WRITING WITHIN 30
DAYS FROM THE DATE OF
THIS ORDER AS TO WHAT STEPS HAVE BEEN TAKEN TO COMPLY WITH THE ORDER.
ALAN W. HEIFETZ
ADMINISTRATIVE LAW JUDGE
DATED: MAY 11, 1981
WASHINGTON, DC
APPENDIX
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 INSTITUTE ANY CHANGE IN THE PRACTICE OF APPROVING SICK
LEAVE REQUESTS FOR LESS THAN THREE DAYS WITHOUT REQUIRING EXPLANATORY
REASONS BEFORE FIRST AFFORDING THE AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 1345, NOTICE AND, UPON REQUEST, AN OPPORTUNITY
TO BARGAIN TO THE FULLEST EXTENT OF THE LAW.
WE WILL NOT, IN ANY LIKE OR RELATED MANNER, INTERFERE WITH, RESTRAIN
OR COERCE OUR EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY THE
STATUTE.
WE WILL IMMEDIATELY RESUME THE PRACTICE OF APPROVING SICK LEAVE
REQUESTS FOR LESS THAN THREE DAYS WITHOUT REQUIRING EXPLANATORY REASONS.
(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 OF THE FEDERAL LABOR RELATIONS AUTHORITY, REGION VII,
SUITE 680, CITY CENTER SQUARE, 1100 MAIN STREET, KANSAS CITY, MISSOURI
64105.
--------------- FOOTNOTES$ ---------------
/1/ SEE DEPARTMENT OF HEALTH AND HUMAN SERVICES, SOCIAL SECURITY
ADMINISTRATION, OFFICE OF PROGRAM OPERATIONS AND FIELD OPERATIONS,
SUTTER DISTRICT OFFICE, SAN FRANCISCO, CALIFORNIA, 5 FLRA NO. 63 (1981).
/2/ ALTHOUGH COUNSEL FOR THE GENERAL COUNSEL WOULD HAVE ME FIND THAT
"PRIOR TO JUNE 1980, WHENEVER SHE REQUESTED SICK LEAVE FOR LESS THAN
THREE DAYS SHE DID NOT COMPLETE THE BOX MARKED 'REASON', AND HER
REQUESTS WERE APPROVED," I SPECIFICALLY DECLINE TO MAKE SUCH A FINDING.
HER TESTIMONY WAS IN RESPONSE TO A QUESTION ONLY CONCERNING 1980 AND THE
ANSWER REFERRED ONLY TO ONE FORM. THE RECORD ALSO SHOWS THAT SHE DID,
IN FACT, FILL IN THE BOX MARKED "REASON" ON AT LEAST ONE OCCASION IN
MARCH OF 1979.
/3/ I HAVE NOT CONSIDERED FIGURES IN THAT STUDY FOR THE ROCKY
MOUNTAIN AREA EXCHANGE AS THEY DO NOT RELATE DIRECTLY TO THE ISSUE IN
THIS CASE.