[ v51 p1006 ]
51:1006(84)CA
The decision of the Authority follows:
51 FLRA No. 84
FEDERAL LABOR RELATIONS AUTHORITY
WASHINGTON, D.C.
_____
DEPARTMENT OF THE ARMY, DIRECTOR OF
FINANCE AND ACCOUNTING, ASSISTANT
SECRETARY OF THE ARMY (FINANCIAL
MANAGEMENT), INDIANAPOLIS, INDIANA
AND
DEFENSE FINANCE AND ACCOUNTING SERVICE
DEFENSE ACCOUNTING OFFICE-FORT SAM HOUSTON
FORT SAM HOUSTON, TEXAS
AND
DEFENSE COMMISSARY AGENCY
FORT BENJAMIN HARRISON, INDIANA
(Respondents)
and
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
LOCAL 1411, AFL-CIO
(Charging Party/Union)
5-CA-80149
(48 FLRA 6 (1993))
_____
ORDER GRANTING JOINT MOTION
TO REVISE NOTICE TO ALL EMPLOYEES
March 29, 1996
_____
Before the Authority: Phyllis N. Segal, Chair; Tony Armendariz and Donald S. Wasserman, Members.
I. Statement of the Case
This matter is before the Authority based on a joint motion by the Respondents, the Union, and the General Counsel requesting that the Authority issue revised Notices to All Employees in this case, so that the Authority's Regional Director, Chicago Regional Office, may issue the Notices and seek compliance with the Final Order of the Authority in the case pursuant to section 2423.30 of the Authority's Regulations.
The parties request that Appendix B of the Authority's decision published at 48 FLRA 6, 30 be revised to remove the reference in paragraph 3 to the reimbursement of certain monies to bargaining unit employees. The parties also request that both Notices be revised to reflect changes in the names of the parties that have occurred since the commencement of these proceedings.(*)
II. Background
In the decision and order on remand at 48 FLRA 6, the Authority considered consolidated unfair labor practice complaints alleging, as relevant here, that the Respondents violated section 7116(a)(1) and (5) of the Federal Service Labor-Management Relations Statute (the Statute) by refusing to bargain over the substance and/or the impact and implementation of the change in the scheduled pay day and in the time between the end of a pay period and the day on which the employees receive their paychecks ("pay lag"). The complaint also alleged that the Respondent Commissary failed to provide the Union with notice and an opportunity to bargain over the changes.
The Authority found that the Respondent Commissary violated section 7116(a)(1) and (5) of the Statute by failing to provide the Union with notice and an opportunity to bargain over the change in the pay lag and that Respondent Accounting Office violated section 7116(a)(1) of the Statute by implementing the change before the Respondent Commissary fulfilled its bargaining obligation.
As a remedy, the Authority, among other things, ordered the Respondent Accounting Office to reimburse unit employees for all monies lost or interest charged as a result of the change in the pay lag at a time when negotiations on the change had not been completed. The Respondents filed a petition for review of this portion of the Authority's decision and order with the U.S. Court of Appeals for the District of Columbia Circuit. In Department of the Army v. FLRA, 56 F.3d 273, 279 (D.C. Cir. 1995), the court vacated the Authority's order insofar as it required the Respondent Accounting Office to reimburse unit employees for monies they lost or interest they were charged as a result of the change in the pay lag policy. The joint motion requests that the Authority revise the Notices to All Employees consistent with the court's decision.
III. Analysis and Conclusion
Based on full consideration of the parties' joint motion and the entire record in this case, and the absence of any indication why the Authority's revision of its previously published Notices To All Employees would not effectuate the purposes and policies of the Statute, the joint motion is granted.
IV. Order
A. Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Federal Service Labor-Management Relations Statute (the Statute), the Defense Commissary Agency (DeCA), Fort Benjamin Harrison, Indiana, shall:
1. Cease and desist from:
(a) Failing and refusing to provide the American Federation of Government Employees, Local 1411, AFL-CIO, the exclusive representative of a unit of its employees, the opportunity to bargain, to the extent consistent with law and regulations, on the pay lag change.
(b) Failing to provide timely notice to the American Federation of Government Employees, Local 1411, AFL-CIO, the exclusive representative of a unit of its employees, on its intent to change the pay lag.
(c) 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) Upon request, bargain with the American Federation of Government Employees, Local 1411, AFL-CIO, the exclusive representative of a unit of its employees, to the extent consistent with law and regulations, on the pay lag change.
(b) Notify the American Federation of Government Employees, Local 1411, AFL-CIO, the exclusive representative of a unit of its employees, of any intention to change the pay lag and, on request, bargain with the American Federation of Government Employees, Local 1411, AFL-CIO, to the extent consistent with law and regulations, on any decision to change the pay lag.
(c) Post at its facilities at Fort Benjamin Harrison, Indiana, copies of the attached Notice marked Appendix A on forms to be furnished by the Federal Labor Relations Authority. Upon receipt of such forms, they shall be signed by the Commanding Officer and shall be posted in conspicuous places, including all bulletin boards and other places where notices to employees are customarily posted and shall be maintained for 60 consecutive days thereafter. Reasonable steps shall be taken to ensure that such notices are not altered, defaced, or covered by any other material.
(d) Pursuant to section 2423.30 of the Authority's Rules and Regulations, notify the Regional Director, Chicago Region, Federal Labor Relations Authority, in writing, within 30 days from the date of this Order as to what steps have been taken to comply.
B. Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Statute, the Defense Finance and Accounting Service, Defense Accounting Office-Fort Sam Houston, Fort Sam Houston, Texas, shall:
1. Cease and desist from:
(a) Interfering with the bargaining relationship between the American Federation of Government Employees, Local 1411, AFL-CIO, and the Defense Commissary Agency (DeCA), Fort Benjamin Harrison, Indiana, by changing the pay lag at a time when the Activity and the Union had not completed bargaining on the pending change in the pay lag.
(b) In any like or related manner, interfering with, restraining, or coercing employees of the Defense Commissary Agency (DeCA), Fort Benjamin Harrison, Indiana, 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) Post at the facilities of the Defense Commissary Agency (DeCA), Fort Benjamin Harrison, Indiana, where bargaining unit employees represented by the American Federation of Government Employees, Local 1411, AFL-CIO, are located, copies of the attached Notice marked Appendix B on forms to be furnished by the Federal Labor Relations Authority. Upon receipt of such forms, they shall be signed by the Director, Defense Accounting Office-Fort Sam Houston, Fort Sam Houston, Texas, and shall be posted in conspicuous places, including all bulletin boards and other places where notices to employees are customarily posted and shall be maintained for 60 consecutive days thereafter. Reasonable steps shall be taken to ensure that such notices are not altered, defaced, or covered by any other material.
(b) Pursuant to section 2423.30 of the Authority's Rules and Regulations, notify the Regional Director, Chicago Region, Federal Labor Relations Authority, in writing , within 30 days from the date of this Order as to what steps have been taken to comply.
Appendix A
NOTICE TO ALL EMPLOYEES
POSTED BY ORDER OF THE
FEDERAL LABOR RELATIONS AUTHORITY
The Federal Labor Relations Authority has found that the Defense Commissary Agency (DeCA), Fort Benjamin Harrison, Indiana violated the Federal Service Labor-Management Relations Statute and has ordered us to post and abide by this Notice.
We hereby notify our employees that:
WE WILL NOT fail and refuse to provide the American Federation of Government Employees, Local 1411, AFL-CIO, the exclusive representative of a unit of our employees, the opportunity to bargain, to the extent consistent with law and regulations, on the pay lag change.
WE WILL NOT fail to provide timely notice to the American Federation of Government Employees, Local 1411, AFL-CIO, the exclusive representative of a unit of our employees, of our intent to change the pay lag.
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, upon request, bargain with the American Federation of Government Employees, Local 1411, AFL-CIO, the exclusive representative of a unit of our employees, to the extent consistent with law and regulations, on the pay lag change.
WE WILL notify the American Federation of Government Employees, Local 1411, AFL-CIO, the exclusive representative of a unit of our employees, of any intention to change the pay lag and, on request, bargain with the American Federation of Government Employees, Local 1411, AFL-CIO, to the extent consistent with law and regulations, on any decision to change the pay lag.
Defense Commissary Agency (DeCA)
Fort Benjamin Harrison,
Indiana
(Activity)
Dated:___________ By:________________________________
(Signature) (Title)
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, Chicago Regional Office, Federal Labor Relations Authority, whose address is: 55 West Monroe, Suite 1150, Chicago, IL 60603-9729, and whose telephone number is: (312) 353-6306.
Appendix B
NOTICE TO ALL EMPLOYEES
POSTED BY ORDER OF THE
FEDERAL LABOR RELATIONS AUTHORITY
The Federal Labor Relations Authority has found that the Defense Finance and Accounting Service, Defense Accounting Office-Fort Sam Houston, Fort Sam Houston, Texas violated the Federal Service Labor-Management Relations Statute and has ordered us to post and abide by this Notice.
We hereby notify our employees that:
WE WILL NOT interfere with the bargaining relationship between the American Federation of Government Employees, Local 1411, AFL-CIO, and the Defense Commissary Agency (DeCA), Fort Benjamin Harrison, Indiana, by changing the pay lag at a time when the Activity and the Union had not completed bargaining on the pending change in the pay lag.
WE WILL NOT, in any like or related manner, interfere with, restrain, or coerce employees of the Defense Commissary Agency (DeCA), Fort Benjamin Harrison, Indiana, in the exercise of their rights assured by the Statute.
Defense Accounting Office-Fort Sam
Houston, Fort Sam Houston,
Texas
(Activity)
Dated:____________ By:________________________________
(Signature) (Title)
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, Chicago Regional Office, Federal Labor Relations Authority, whose address is: 55 West Monroe, Suite 1150, Chicago, IL 60603-9729, and whose telephone number is: (312) 353-6306.
FOOTNOTES:
(If blank, the decision does not
have footnotes.)
*/ One Respondent in this case was the U.S. Army Finance and Accounting Office, Fort Sam Houston, Texas, which is now the Defense Accounting Office-Fort Sam Houston (Respondent Accounting Office), a component of the Defense Finance and Accounting Service. The other Respondent, U.S. Army Commissary, Fort Benjamin Harrison, Indiana (Respondent Commissary), is now part of the Defense Commissary Agency (DeCA). On August 12, 1994, the Regional Director of the Chicago Region, FLRA, certified the American Federation of Government Employees, AFL-CIO, Local 1411, the Charging Party, as the exclusive representative of DeCA employees at Fort Benjamin Harrison, Indiana. The case caption has been modified to include the organization changes described.