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55 FLRA No. 203
Federal Aviation Administration and NAGE, Local R3-10, SEIU, AFL-CIO, Case No. WA-CA-60581 (Decided January 24, 2000)
The complaint alleged that the Respondent violated section 7116(a)(1) and (5) of the Statute by refusing to comply with a Memorandum of Understanding (MOU) that provided, in part, for an interim performance evaluation system for Air Traffic Assistants represented by the Charging Party. As pertinent here, the MOU included provisions linking performance awards to rating levels for bargaining unit employees. The Judge found that the Respondent violated the Statute as charged.
The Authority adopted the Judge's findings, conclusions, and recommended order to the extent consistent with this decision. In agreement with the Judge's conclusions, the Authority found that the Respondent violated the Statute when it repudiated the MOU that linked performance awards to rating levels for bargaining unit employees. The Authority also adopted the Judge's recommended remedy. The Authority found that the Transportation Act would not preclude a make whole remedy in this case and that a make whole remedy based on the Back Pay Act would not interfere with the Respondent's right to determine its budget under section 7106(a)(1) of the Statute.