[ v44 p394 ]
44:0394(31)CO
The decision of the Authority follows:
44 FLRA NO. 31 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 3475, AFL-CIO (Respondent/Union) and DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT NEW ORLEANS OFFICE, NEW ORLEANS, LOUISIANA (Charging Party/Agency) 96-CO-10004 ORDER APPROVING FORMAL SETTLEMENT AGREEMENT March 16, 1992 Before Chairman McKee and Members Talkin and Armendariz. On February 13, 1992, after the unfair labor practice hearing in this case had commenced, the American Federation of Government Employees, Local 3475, AFL - CIO (the Respondent or Union), the Department of Housing and Urban Development, New Orleans Office, New Orleans, Louisiana (the Charging Party or Agency), and Counsel for the San Francisco Region on behalf of the General Counsel entered into a settlement stipulation (Stipulation), approved by the presiding Administrative Law Judge. The Stipulation, which is subject also to approval by the Federal Labor Relations Authority, provides for the entry of a consent order by the Authority and a consent judgment by any appropriate United States Court of Appeals. The parties waived all further and other proceedings before the Authority to which they may be entitled under the Federal Service - Labor Management Relations Statute and the Rules and Regulations of the Authority. The Respondent waived its right to contest the entry of a consent judgment and to receive notice of the filing of an application for the entry of such decree. The Stipulation is hereby approved and made a part of the record in this case, and the proceeding is hereby transferred to and continued before the Authority in Washington, D.C., for the entry of an Order pursuant to the provisions of the subject Stipulation. Upon the entire record in this case, including the Stipulation, the Authority finds: 1. American Federation of Government Employees, Local 3475, AFL - CIO, the Respondent, is now and has been at all times material to this case, a labor organization within the meaning of section 7103(a)(4) of the Statute. 2. Department of Housing and Urban Development, New Orleans Office, New Orleans, Louisiana, the Charging Party, is now and has been at all times material to this case, an agency within the meaning of section 7103(a)(3) of the Statute. ORDER Based upon the above findings, the Stipulation, and the entire record in the proceedings, and pursuant to section 7105(a)(2)(G) of the Federal Service Labor - Management Relations Statute, the Authority hereby orders that the Respondent, American Federation of Government Employees, Local 3475, AFL - CIO, shall: 1. Cease and desist from: (a) Failing and refusing to bargain in good faith with the Department of Housing and Urban Development, New Orleans Office (HUD), including compliance with the ground rules in Article 5 of the National Agreement, concerning the impact and implementation of revisions in the performance elements and standards (EPPES) for certain employees in the Housing Management Division, or concerning any other changes in working conditions proposed by HUD affecting bargaining unit employees. 2. Take the following affirmative action in order to effectuate the purposes and policies of the Statute: (a) Post at its local business office and its normal meeting places, including all places where notices to members and to HUD employees are customarily posted, copies of the attached Notice, on forms to be furnished by the Regional Director of the San Francisco Region, Federal Labor Relations Authority. Upon receipt, such forms shall be signed and dated by the President, American Federation of Government Employees, Local 3475, AFL - CIO, and shall be posted and maintained for 60 consecutive days thereafter, in conspicuous places, including bulletin boards and all other places where notices to members and other employees are customarily posted. Respondent's President shall take reasonable steps to insure that such Notices are not altered, defaced, or covered with any other material. (b) Submit signed copies of such Notice to the Regional Director of the San Francisco Region, Federal Labor Relations Authority, who will forward them to HUD for posting in conspicuous places where the unit employees involved herein are located for a period of 60 consecutive days from the date of the posting. (c) Notify the Regional Director of the San Francisco Region, Federal Labor Relations Authority, in writing, within thirty (30) days from the date of this Order, as to what steps have been taken to comply. NOTICE TO ALL MEMBERS AND OTHER EMPLOYEES AS ORDERED BY THE FEDERAL LABOR RELATIONS AUTHORITY AND TO EFFECTUATE THE POLICIES OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE WE NOTIFY OUR MEMBERS AND OTHER EMPLOYEES THAT: WE WILL NOT fail or refuse to bargain in good faith with the Department of Housing and Urban Development, New Orleans Office (HUD), including compliance with the ground rules in Article 5 of the National Agreement, concerning the impact and implementation of revisions in the performance elements and standards (EPPES) for certain employees in the Housing Management Division, or concerning any other changes in working conditions proposed by HUD affecting bargaining unit employees. American Federation of Government Employees, Local 3475, AFL-CIO Dated: _______________________ By: ____________________________ (Signature of the President) 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 of the San Francisco Region, Federal Labor Relations Authority, whose address is: 901 Market Street, Suite 220, San Francisco, California 94103, and whose telephone number is: (415) 744-4117; (FTS) 484-4000.