The Federal Labor Relations Authority has upheld an arbitrator’s decision that the Broadcasting Board of Governor’s Office of Cuba Broadcasting violated its contractual obligation to bargain with union employees over the impact and implementation of a reduction-in-force.
The American Federation of Government Employees alleges, and the agency denies, that the action was a pretext for dismissing union members critical of the agency. The board reportedly planned the RIF following budget cuts, but refused to negotiate, prompting AFGE to file suit.
According to the FLRA, in addition to finding that the agency failed to bargain over the RIF as required, the arbitrator found that the agency violated several other contractual provisions, ultimately deeming the RIF as not bona fide and ordering it rescinded.
AFGE said the decision allows the 16 separated or otherwise affected employees reinstated without loss of seniority or benefits, though it noted the agency could choose appeal the FLRA decision to federal circuit court.
