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58 FLRA No. 77
U. S. Dept. of Defense, Defense Commissary Agency,Northeast Region, Groton, Connecticut And NAGE, SEIU AFL-CIO, Local R1-100 Case No. BN-CA-02-0529 (Decided December 8, 2003 )
The complaint alleged that the Respondent violated § 7116(a)(1) and (5) of the Federal Service Labor-Management Relations Statute by removing stools from the work stations of bargaining unit cashiers without providing the Union advance notice and an opportunity to bargain. The Judge found that the Respondent violated the Statute as alleged in the complaint. As to the remedy, the Judge determined that status quo ante relief was not appropriate and recommended other remedies. The GC excepted to the Judge's denial of a status quo ante remedy.
Upon consideration of the Judge's decision and the entire record, the Authority adopted the Judge's findings and conclusions that the Respondent violated § 7116(a)(1) and (5) of the Statute. However, the Authority reversed the Judge's determination that a status quo ante remedy was not warranted. The Authority concluded that the Respondent failed to establish the existence of special circumstances in this case to warrant denial of a status quo ante remedy.