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55 FLRA No. 37
U.S. Department of Justice Federal Bureau of Prisons FCI Danbury, Danbury, Connecticut and AFGE, Council of Prison Locals AFL-CIO, Local 1661, Case No. BN-CA-60527 (Decided February 26, 1999)
The complaint alleged in relevant part that the Respondent violated section 7116(a)(1) and (5) of the Statute by unilaterally implementing a change in shift starting and stopping times without obtaining the union's consent to change the provision of a negotiated agreement that set those times. The Judge found that the Respondent repudiated the agreement provision, as the agreement was in effect at the time of the unilateral change, but that the Respondent properly terminated the provision upon expiration of the agreement because the provision dealt with a permissive bargaining subject.
The Authority found that the Respondent repudiated the agreement provision on shift starting and stopping times, in violation of section 7116(a)(1) and (5) of the Statute. The Authority further held that the Respondent must reinstate the agreement provision for a period of not less than 75 calendar days (the time remaining in the term of the agreement at the time of the repudiation of the provision at issue), and that Respondent may, after giving valid notice, unilaterally terminate the agreement provision upon expiration of the 75 day reinstatement period.