Click here to view the decision.
56 FLRA No. 2
U.S. Department of Energy, Western Area Power Administration, Golden, Colorado and AFGE, Local 3824, DE-CA-80417 (Decided February 17, 2000)
The complaint alleged that the Respondent violated section 7116(a)(1) and (5) of the Statute by failing to provide the Union with notice and an opportunity to bargain over two employees' reassignments. The Judge found that the Respondent violated the Statute as alleged. The Authority denied the Respondent's exceptions and adopted the Judge's findings and conclusions to the extent consistent with this decision.
The Authority first concluded that the Judge was not collaterally estopped by the Arbitrator's award. The Authority explained that collateral estoppel, or issue preclusion, is part of the broader doctrine of res judicata that prevents a second litigation of the same issues of fact or law even in connection with a different claim or cause of action. The Authority noted that a review of the Arbitrator's award revealed that the dispute before the Arbitrator concerned the time frame for implementation of the reorganization. While the dispute before the Judge concerned the extent to which additional bargaining obligations remained after the reorganization was initiated. As such, the Authority noted that the "same issue" was not litigated before both the Arbitrator and the Judge. Thus, the Authority held that the Judge properly concluded that he was not collaterally estopped by the Arbitrator's award, and denied the Respondent's exception.··___·· The Authority also concluded that the Judge did not err by finding that the Respondent was obligated to bargain over the two reassignments, or that the Judge erred in granting a status quo ante remedy.