Department of Veterans Affairs Medical Center, Brockton and West Roxbury, Massachusetts and Steven J. Giberti (Authority decision, December 26, 1991)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority resolving an unfair labor practice case. 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

A VA medical center issued a written reprimand to an employee because he had filed unfair labor practice charges. An administrative law judge found that the reprimand violated the federal labor statute. The Authority rejected the medical center's exceptions and adopted the judge's findings and remedy. It ordered the medical center to remove the reprimand from the employee's personnel file, restore any lost right or privilege, stop retaliating for such filings, and post a notice at its Brockton and West Roxbury facilities.

Decision snapshot

• Authority: Protection against discipline for filing a charge under 5 U.S.C. § 7116(a)(4).
• Outcome: Unfair labor practice finding affirmed; reprimand removal and employee notice ordered.
• Key point: An agency may not reprimand an employee for filing an unfair labor practice charge.

Full text (FLRA public release)

[ v43 p780 ]
43:0780(63)CA

The decision of the Authority follows:

43 FLRA No. 63

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

DEPARTMENT OF VETERANS AFFAIRS MEDICAL
CENTER

BROCKTON AND WEST ROXBURY, MASSACHUSETTS

(Respondent)

and

STEVEN J. GIBERTI

(Charging Party)

1-CA-10230

DECISION AND ORDER

December 26, 1991

Before Chairman McKee and Members Talkin and
Armendariz.

I. Statement of the Case

This unfair labor practice case is before the Authority on exceptions to the attached decision of the Administrative Law Judge filed by the Respondent. The General Counsel filed an opposition to the Respondent's exceptions.

The complaint alleged and the Judge found that the Respondent violated section 7116(a)(1) and (4) of the Federal Service Labor-Management Relations Statute (the Statute) by issuing a written reprimand to an employee because the employee filed unfair labor practice charges.

Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Statute, we have reviewed the rulings of 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, the opposition, and the entire record, we adopt the Judge's findings, conclusions, and recommended Order.

Section 7116(a)(4) of the Statute provides that it is an unfair labor practice for an agency to "discipline or otherwise discriminate against an employee because the employee has filed a complaint, affidavit, or petition, or has given any information or testimony under this chapter[.]" The Authority applies the same analytical framework for resolving complaints alleging discrimination in violation of section 7116(a)(4) of the Statute as it does for resolving complaints alleging discrimination in violation of section 7116(a)(2) of the Statute. Department of Veterans Affairs, Washington, D.C. and Department of Veterans Affairs Medical Center, Canandaigua, New York, 42 FLRA 1059, 1067 (1991). As the Authority uses the framework set forth in Letterkenny Army Depot, 35 FLRA 113 (1990) (Letterkenny) to resolve complaints alleging discrimination in violation of section 7116(a)(2) of the Statute, we agree with the Judge's determination that Letterkenny provides the proper framework for resolving whether the Respondent in this case discriminated in violation of section 7116(a)(4). See U.S. Department of the Navy, Naval Aviation Depot, Naval Air Station Alameda, Alameda, California, 38 FLRA 567 (1990).

Applying the framework set forth in Letterkenny, we find that the record supports the Judge's conclusions that the General Counsel established a prima facie case of discrimination and the Respondent failed to rebut the prima facie case.

Accordingly, we find that the Respondent violated section 7116(a)(1) and (4) of the Statute, as alleged.

II. Order

Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Federal Service Labor-Management Relations Statute, the Department of Veterans Affairs Medical Center, Brockton and West Roxbury, Massachusetts shall:

1. Cease and desist from:

(a) Reprimanding any employee because the employee filed an unfair labor practice charge with the Federal Labor Relations Authority.

(b) In any like or related manner, interfering with, restraining, or coercing its employees in the exercise of their rights assured by the Federal Service Labor-Management Relations Statute.

2. Take the following affirmative action to effectuate the purposes and
   policies of the Federal Service Labor-Management Relations Statute:

(a) Remove any record of the reprimand dated February 14, 1991, and issued on February 15, 1991, from the personnel file of employee Steven J. Giberti and restore to him any right or privilege he may have lost as a result of such disciplinary action.

(b) Post at its Brockton and West Roxbury, Massachusetts, facilities, copies of the attached Notice on forms to be furnished by the Federal Labor Relations Authority. Upon receipt of such forms, they shall be signed by the Director of the Medical Center, and shall be posted and maintained for 60 consecutive days thereafter, in conspicuous places, including all bulletin boards and other places where notices to employees are customarily posted. Reasonable steps shall be taken to ensure that such Notices are not altered, defaced, or covered by any other material.

(c) Pursuant to section 2423.30 of the Authority's Rules and Regulations, notify the Regional Director, Boston Regional Office, Federal Labor Relations Authority, in writing, within 30 days from the date of this Order, as to what steps have been taken to comply.

NOTICE TO ALL EMPLOYEES

AS ORDERED BY THE FEDERAL LABOR RELATIONS AUTHORITY

AND TO EFFECTUATE THE POLICIES OF THE

FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE

WE NOTIFY OUR EMPLOYEES THAT:

WE WILL NOT reprimand any employee because the employee filed an unfair labor practice charge with the Federal Labor Relations Authority.

WE WILL NOT, in any like or related manner, interfere with, restrain, or coerce our employees in the exercise of their rights assured by the Federal Service Labor-Management Relations Statute.

WE WILL remove any record of the reprimand dated February 14, 1991, and issued on February 15, 1991, from the personnel file of employee Steven J. Giberti and restore to him any right or privilege he may have lost as a result of such disciplinary action.

____
(Activity)

Dated:__ By:_____

(Signature) (Title)

This Notice must remain posted for 60 consecutive days from the date of posting and must not be altered, defaced, or covered by any other material.

If employees have any questions concerning this Notice or compliance with any of its provisions, they may communicate directly with the Regional Director of the Boston Regional Office, Federal Labor Relations Authority, whose address is: 10 Causeway Street, Room 1017A, Boston, MA 02222-1046, and whose telephone number is: (617) 565-7280.

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