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57 FLRA No. 190
U. S. Dept. of Health and Human Services, Public Health Service, Indian Health Service, Quentin N. Burdick Memorial Health Care Facility, Belcourt, North Dakota And Laborers' International Union of North America, Local 580, AFL-CIO, Case No. CH-CA-00465 (Decided June 26, 2002)
The complaint alleged that the Respondent violated § 7116(a)(1) and (5) of the Federal Service Labor-Management Relations Statute by failing to provide the Union with notice and an opportunity to negotiate, to the extent required by the Statute, before implementing a housing rental rate increase affecting bargaining unit employees. The Judge found that the Respondent violated the Statute as alleged and recommended, among other things, status quo ante relief. The Authority adopted the Judge's findings, conclusions, and recommended Order to the extent consistent with this decision.
Preliminarily, the Authority noted that it did not considered facts that were not presented at the hearing. Pursuant to section 2429.5 of the its regulations the Authority cannot consider evidence that was not presented in the proceedings before the Administrative Law Judge. The Authority found that the Judge did not err in concluding that the rental rate increase was a condition of employment within the meaning of § 7103(a)(14) of the statute. The Authority further found that the rental housing increase was not specifically provided for by Federal statute within the meaning of § 7103(a)(14)(c)