I. Statement of the Case

This unfair labor practice case is before the Authority on exceptions to the attached decision of the Administrative Law Judge filed by the Respondent. The General Counsel filed an opposition to the exceptions.

The Judge determined that the Respondent violated section 7116(a)(1) and (5) of the Federal Service Labor-Management Relations Statute (the Statute) by implementing new critical elements and performance standards for the bargaining unit employees without providing the Union notice and an opportunity to negotiate over the changes to the extent required by section 7106(b)(2) and (3) of the Statute. The Judge found that the employees had been under a performance plan consisting of one critical element with three possible ratings and then became subject to a performance plan consisting of five critical elements with five possible ratings. Based on this finding, the Judge determined that the effect of the change on unit employees' conditions of employment was more than de minimis. The Judge recommended a make-whole remedy.

Upon consideration of the Judge's decision, the Respondent's exceptions, and the entire record, we adopt the Judge's findings, conclusions, and recommended Order. [n1]

II. Order

Pursuant to section 2423.41(c) of our Regulations and section 7118 of the Federal Service Labor-Management Relations Statute, the U.S. Department of Housing and Urban Development shall:

1. Cease and desist from:

(a) Unilaterally implementing new critical elements and performance standards for bargaining unit employees of the Chicago Income Verification Center without giving prior notice to the American Federation of Government Employees, Local 911, the exclusive representative of certain bargaining unit employees, and affording it an opportunity to bargain over the impact and implementation of the new performance standards.

(b) In any like or related manner interfering with, restraining or coercing bargaining unit 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 Statute:

(a) Rescind the critical elements and performance standards for Income Verification Analysts which were effective May 3, 1999, reappraise employees who were evaluated under the new elements and standards by applying the previous elements and standards, and make whole any bargaining unit employee adversely affected by application of the new critical elements and performance standards.

(b) Notify and, upon request, negotiate with the American Federation of Government Employees, Local 911, the exclusive representative of bargaining unit employees, over the impact and implementation of new critical elements and performance standards.

(c) Post at its facilities, 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 Chief Executive officer of the HUD Illinois State Office and shall be posted and maintained for 60 consecutive days thereafter in conspicuous places, including all bulletin boards and other places where notices to employees are customarily posted. Reasonable steps shall be taken to ensure that such Notices are not altered, defaced, or covered by any other material.

(d) Pursuant to section 2423.41(e) of the Authority's Regulations, notify the Regional Director, Chicago, Regional Office, Federal Labor Relations Authority, in writing within 30 days from the date of this Order, as to what steps have been taken to comply. [ v56 p593 ]

NOTICE TO ALL EMPLOYEES
POSTED BY ORDER OF THE
FEDERAL LABOR RELATIONS AUTHORITY

The Federal Labor Relations Authority has found that the U.S. Department of Housing and Urban Development violated the Federal Service Labor-Management Relations Statute and has ordered us to post and abide by this notice.

We hereby notify bargaining unit employees that:

WE WILL NOT unilaterally implement new critical elements and performance standards for the Income Verification Center without giving prior notice to the American Federation of Government Employees, Local 911, the exclusive representative of bargaining unit employees, and affording it an opportunity to bargain over the impact and implementation of the new critical elements and performance standards.

WE WILL rescind the critical elements and performance standards for Income Verification Analysts that were effective May 3, 1999, reappraise bargaining unit employees who were evaluated under the new critical elements and performance standards by applying the old critical elements and performance standards, and make whole any bargaining unit employee adversely affected by application of the new critical elements and performance standards.

WE WILL notify and, upon request, negotiate with the American Federation of Government Employees, Local 911, the exclusive representative of bargaining unit employees, over the impact and implementation of new critical elements and performance standards.

WE WILL NOT in any like or related manner interfere with, restrain, or coerce bargaining unit employees in the exercise of their rights assured by the Federal Service Labor-Management Relations Statute.

_________________________________
(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.

File 1: Authority's Decision in 56 FLRA No. 93
File 2: ALJ's Decision

Footnote # 1 for 56 FLRA No. 93 - Authority's Decision

In reaching this conclusion, we note that the Respondent, in support of its arguments, relied on an Agency booklet that was not part of the record. Pursuant to section 2429.5 of the Authority's Regulations, we do not consider this evidence. See Department of the Treasury, United States Customs Service, El Paso, Texas, 56 FLRA 398, 402-03 (2000).

FLRA.gov

U.S. Department of Housing and Urban Development (Respondent) and American Federation of Government Employees, Local 911 (Charging Party)

I. Statement of the Case

II. Order

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U.S. Department of Housing and Urban Development (Respondent) and American Federation of Government Employees, Local 911 (Charging Party)

I. Statement of the Case

II. Order