U.S. Department of Veterans Affairs, Washington, D.C. and Department of Veterans Affairs Medical Center, Canandaigua, New York and American Federation of Government Employees, AFL-CIO, Local 3306 (Authority decision, November 27, 1992)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority dismissing an unfair labor practice complaint under 5 U.S.C. § 7116. An aggrieved person may seek judicial review by filing a petition in an appropriate United States court of appeals within 60 days after issuance under 5 U.S.C. § 7123(a). Filing a petition does not stay the Authority's order unless the court orders a stay under 5 U.S.C. § 7123(c).

Plain-English summary

The case concerns proposed discharge notices issued to two registered nurses at the Department of Veterans Affairs Medical Center in Canandaigua, New York. After an earlier remand, an administrative law judge found that the VA respondents did not commit the alleged unfair labor practices by issuing those notices. The General Counsel and the union challenged that decision. The Authority found no prejudicial error in the judge's hearing rulings, adopted the judge's findings and conclusions, and dismissed the complaint. The Authority's short order does not give further details about the notices or the judge's reasoning.

Decision snapshot

• Authority: Unfair labor practice allegations under 5 U.S.C. § 7116(a)(1), (2), and (4).
• Outcome: Judge's decision adopted; unfair labor practice complaint dismissed.
• Key point: After remand, the Authority upheld the judge's finding that the proposed discharge notices did not violate the cited provisions.

Full text (FLRA public release)

[ v46 p805 ]
46:0805(69)CA

The decision of the Authority follows:

46 FLRA No. 69

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

U.S. DEPARTMENT OF VETERANS AFFAIRS

WASHINGTON, D.C.

AND

DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER

CANANDAIGUA, NEW YORK

(Respondents)

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
AFL-CIO

LOCAL 3306

(Charging Party/Union)

1-CA-00107

1-CA-00161

(42 FLRA 1059 (1991))

_____

DECISION AND ORDER

November 27, 1992

_____

Before Chairman McKee and Members Talkin and
Armendariz.

I. Statement of the Case

The Administrative Law Judge issued the attached decision in the above-entitled proceeding,(1) finding that the Respondents did not violate section 7116(a)(1), (2), and (4) of the Federal Service Labor-Management Relations Statute (the Statute) by issuing notices of proposed discharge to two registered nurses. The General Counsel and the Charging Party filed exceptions to the Judge's decision and the Respondents filed an opposition to the exceptions.

Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Statute, we have reviewed the rulings that the Judge made at the hearing and find that no prejudicial error was committed. We affirm the rulings. Upon consideration of the Judge's decision, the exceptions, and the entire record, we adopt the Judge's findings, conclusions, and recommended Order.

II. Order

The complaint is dismissed.

FOOTNOTES:
(If blank, the decision does not
have footnotes.)

1. In 42 FLRA 1059, the Authority
   remanded the complaint in this case to the Judge for further proceedings. The exceptions now before us were filed to the Judge's decision on remand.