Veterans Administration Medical Center, Memphis, and NAGE Local R5-66 (Authority decision, February 7, 1991)

Final FLRA decision. This is the Authority's final unfair labor practice order under 5 U.S.C. §§ 7116 and 7118. 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 supervisor at the Memphis Veterans Administration Medical Center told an employee that the employee could no longer be trusted because of participation in filing an unfair labor practice charge. An administrative law judge found the statement interfered with the employee's protected rights. The Authority agreed with that finding and rejected the medical center's exception. It ordered the center to stop making such statements and post a notice for 60 days at its Memphis facilities.

Decision snapshot

• Authority: Unfair labor practice under 5 U.S.C. § 7116(a)(1).
• Outcome: Violation finding adopted; cease and desist order and notice posting required.
• Key point: Telling an employee that filing a labor charge made the employee untrustworthy interfered with protected activity.

Full text (FLRA public release)

[ v39 p388 ]
39:0388(28)CA

The decision of the Authority follows:

39 FLRA No. 28

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

VETERANS ADMINISTRATION MEDICAL CENTER

MEMPHIS, TENNESSEE

(Respondent/Agency)

and

NATIONAL ASSOCIATION OF GOVERNMENT

EMPLOYEES, LOCAL R5-66

(Charging Party/Union)

4-CA-00035

DECISION AND ORDER

February 7, 1991

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 finding that the Respondent violated section 7116(a)(1) of the Federal Service Labor-Management Relations Statute (the Statute) when a supervisor told a bargaining unit employee that the employee could no longer be trusted because the employee had participated in the filing of an unfair labor practice charge. The Respondent filed exceptions to the Judge's Decision and the General Counsel filed an opposition to the exceptions.

The Respondent excepts to the Judge's conclusion that the supervisor's statement violated section 7116(a)(1) of the Statute. We have examined the entire record and, for the reasons stated by the Judge, we agree with the Judge's conclusion.

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 and the entire record, we adopt the Judge's findings, conclusions and recommended Order.

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 Veterans Administration Medical Center, Memphis, Tennessee shall:

1. Cease and desist from:

(a) Telling any employee that because he or she participated in the filing of an unfair labor practice charge against the Agency, he or she would no longer be trusted.

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

2. Take the following affirmative actions in order to effectuate the
   purposes and policies of the Statute:

(a) Post at its facilities in Memphis, Tennessee, 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 they 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.

(d) Pursuant to section 2423.30 of the Authority's Rules and Regulations, notify the Regional Director, Region IV, 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 tell an employee that because he or she participated in the filing of unfair labor practice charges against the Agency, he or she would no longer be trusted.

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.

______
(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 its provisions, they may communicate directly with the Regional Director, Region IV, Federal Labor Relations Authority, whose address is: 1371 Peachtree Street, Suite 736, Atlanta, GA 30367 and whose telephone number is: (404) 347-2324.

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