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58 FLRA No. 172
SSA, Office of Hearings and Appeals, Region II, Buffalo Office of Hearings and Appeals Buffalo, New York and Association of Administrative Law Judges International Federation of Professional and Technical Employees, AFL-CIO Case No. BN-CA-01-0377 (Decided July 22, 2003)
The complaint alleged that the Respondent violated § 7116(a)(1) and (5) of the Federal Service Labor-Management Relations Statute by implementing a decision to no longer provide free monthly parking permits to Administrative Law Judges (ALJs) without providing the Union with an opportunity to bargain to the extent required by law. The Judge concluded that the Respondent violated the Statute as alleged by its refusal to bargain and by its unilateral implementation of its decision to withdraw free parking privileges for all ALJs in the Buffalo Office of Hearings and Appeals (Buffalo OHA). As a remedy, the Judge recommended that the Respondent restore the status quo ante by providing free parking passes to all ALJs who request them. The Judge also recommended a notice posting at all OHAs in the same region. The Authority adopted the Judge's findings, conclusions, and recommended Order to the extent consistent with this decision.
The Authority noted that in cases where judge's interpretation of the meaning of the parties' collective bargaining agreement is challenged, the Authority will determine whether the judge's interpretation is supported by the record and by the standards and principles of interpreting collective bargaining agreements applied by arbitrators and the Federal courts. In this case, the Authority found that the Judge's application and interpretation of Article 9, Section 4 (D) was supported by the record.
The Authority concluded that the Respondent had an obligation to bargain with the Union in determining the equitable distribution of free parking permits to ALJs. The Authority also agreed with the Judge that a status quo ante remedy was appropriate.
With regard to the scope of the posting, the Authority noted that it considers the two purposes served by the posting of a notice. First, the notice provides evidence to unit employees that the rights guaranteed under the Statute will be vigorously enforced. Second, in many cases the posting is the only visible indication to those employees that a respondent recognizes and intends to fulfill its obligations under the Statute. Thus, the Authority found that the Judge's determination that the notice should be posted region-wide was consistent with the record evidence that the direction to implement the parking change at the Buffalo OHA came from the regional level.