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Unfair Labor Practices Digest Series

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56 FLRA No. 93

U.S. Department of Housing And Urban Development and AFGE, Local 911, Case No. CH-CA-90466 (Decided August 29, 2000)

      The Judge determined that the Respondent violated section 7116(a)(1) and (5) of the Federal Service Labor-Management Relations Statute by implementing new critical elements and performance standards for the bargaining unit employees without providing the Union notice and an opportunity to negotiate over the changes to the extent required by section 7106(b)(2) and (3) of the Statute. The Judge found that the employees had been under a performance plan consisting of one critical element with three possible ratings and then became subject to a performance plan consisting of five critical elements with five possible ratings. Based on this finding, the Judge determined that the effect of the change on unit employees' conditions of employment was more than de minimis and recommended a make-whole remedy. The Authority, after reviewing the entire record, adopted the Judge's findings, conclusions, and recommended Order.



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