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57 FLRA No. 33
Dept. of The Treasury, Internal Revenue Service, Kansas City Service Center, Kansas City, Missouri and NTEU and NTEU, Chapter 66, Case Nos. DE-CA-90628, DE-CA-90850 (Decided May 8, 2001)
The complaint in DE-CA-90628 alleged that the Respondent violated § 7116(a)(1) and (5) of the Federal Service Labor-Management Relations Statute by bypassing the Union; the complaints in DE-CA-90628 and DE-CA-90850 alleged that the Respondent violated § 7116(a)(1) and (5) of the Statute by refusing to bargain with the Union over changes in shifts for unit employees. The Judge concluded that the Respondent violated the Statute as alleged and ordered status quo ante relief. The Authority adopted the Judge's findings, conclusions, and recommended Order only to the extent consistent with this decision.
The Authority found that the Judge did not err by finding that shift changes were not covered by the parties' agreement. The Authority also found that the Judge did not err by finding that the Respondent bypassed the Union. Lastly, the Authority found that the Judge did not err by refusing to adopt an arbitration award concerning the Respondent's obligation to bargain over § 7106(b)(1) subjects.