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57 FLRA No. 71
Dept. of the Air Force, March Air Reserve Base, California and AFGE, Local 3854, AFL-CIO, Case No. SF-CA-00037 (Decided July 6, 2001)
The complaint alleged that the Respondent violated § 7116(a)(1) and (5) of the Federal Service Labor-management Relations Statute by changing conditions of employment of bargaining unit employees without providing the charging party an opportunity to bargain to the extent required by law. The change occurred when the Respondent implemented a court-approved settlement of a discrimination complaint that affected conditions of employment of bargaining unit members. The Judge decided the case on a stipulated record and concluded that the Respondent violated the Statute as alleged. The Authority adopted the Judge's findings, conclusions, and recommended Order to the extent consistent with this decision.
The Authority noted that the Respondent was obligated to bargain over the impact and implementation of changes resulting from a court-approved settlement of a discrimination complaint. The Authority explained that when implementing a change in conditions of employment affecting bargaining unit employees, an agency is required to provide the exclusive representative with notice of, and an opportunity to bargain over, those aspects of the change that are within the duty to bargain.
Further, the Authority noted that an agency's obligation to provide the exclusive representative with notice of changes and an opportunity to bargain is implicit in §§ 7103(a)(12) and 7114(a)(1) of the statute. The Authority further stated that ordering bargaining over the implementation of a court order is within the Authority's jurisdiction and does not interfere with judicial authority.