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57 FLRA No. 155
United States Department of the Air Force, Luke Air Force Base, Arizona and American Federation of Government Employees Local 1547, Case No. DE-CA- 00216 (Decided April 16, 2002)
The complaint in this case alleged that the Respondent violated section 7116(a)(1) and (5) of the Federal Service Labor-Management Relations Statute when it changed the process for providing employees with a Request for Equal Employment Opportunity (EEO) Counseling package (EEO package), which contained forms and information relating to EEO complaints, without providing the Charging Party with notice and an opportunity to bargain over the change as required by the Statute. The Authority adopted the Judge's findings, conclusions, and recommended Order only to the extent consistent with this decision.
Preliminarily, the Authority held that it had jurisdiction over this matter. It stated that nothing in the Respondent's arguments regarding the authority of the EEOC to examine allegations of discrimination limited or diminished the Authority's responsibilities under the Statute. The Authority further held that the Union had a right to be involved in this matter, even though the Judge did not find that the matter at issue constituted a grievance. The Judge found that the process for providing employees with an EEO package concerns a condition of employment within the meaning of § 7103(a)(14) of the Statute. The Judge also found that the fact that a matter is not a grievance does not mean that the matter cannot relate to a condition of employment and thus be subject to collective bargaining. Additionally, the matter was found to be a condition of employment. Lastly, the Authority concluded that the de minimis defense was not applicable here. The Authority noted that the Respondent failed to demonstrate how the facts of this case were similar to any of the precedent it relied upon.