Veterans Administration Hospital, Lexington, Kentucky, and Veterans Administration Central Office, Washington, DC (Respondent) and National Association of Government Employees, Local R5-185 (Complainant) (Authority decision, July 31, 1980)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority. 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 Veterans Administration union asked for a legal opinion about the liability of security guards assigned to escort funds to local banks. The Authority decided the complaint on a stipulated record. It found that the requested opinion did not exist and that the VA legal office had no duty to create one for the union. The unfair labor practice complaint was dismissed.

Decision snapshot

• Authority: 5 U.S.C. § 7135(b).
• Outcome: Complaint dismissed on stipulated facts.
• Key point: The duty to provide information did not require the VA to create the requested legal opinion.

Full text (FLRA public release)

[ v03 p873 ]

03:0873(126)UC

The decision of the Authority follows:

3 FLRA No. 126

VETERANS ADMINISTRATION HOSPITAL
LEXINGTON, KENTUCKY, AND
VETERANS ADMINISTRATION CENTRAL
OFFICE, WASHINGTON, D.C.
Respondent

and

NATIONAL ASSOCIATION OF
GOVERNMENT EMPLOYEES,
LOCAL R5-185
Complainant

Assistant Secretary
Case No. 41-6071(CA)

DECISION AND ORDER

THIS MATTER IS BEFORE THE AUTHORITY PURSUANT TO REGIONAL DIRECTOR
SEYMOUR ALSHER'S ORDER TRANSFERRING CASE TO THE FEDERAL LABOR RELATIONS
AUTHORITY IN ACCORDANCE WITH SECTION 2429.1(A) OF THE AUTHORITY'S RULES
AND REGULATIONS (5 CFR 2429.1(A)).

THE FUNCTIONS OF THE ASSISTANT SECRETARY OF LABOR FOR
LABOR-MANAGEMENT RELATIONS, UNDER EXECUTIVE ORDER 11491, AS AMENDED,
WERE TRANSFERRED TO THE AUTHORITY UNDER SECTION 304 OF REORGANIZATION
PLAN NO. 2 OF 1978 (43 F.R. 36040), WHICH TRANSFER OF FUNCTIONS IS
IMPLEMENTED BY SECTION 2400.2 OF THE AUTHORITY'S RULES AND REGULATIONS
(45 F.R. 3482, JANUARY 17, 1980). THE AUTHORITY CONTINUES TO BE
RESPONSIBLE FOR THE PERFORMANCE OF THESE FUNCTIONS AS PROVIDED IN
SECTION 7135(B) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
STATUTE (92 STAT. 1215).

UPON CONSIDERATION OF THE ENTIRE RECORD IN THE SUBJECT CASE,
INCLUDING THE PARTIES' STIPULATION OF FACTS, ACCOMPANYING EXHIBITS, AND
BRIEFS SUBMITTED BY THE PARTIES, THE AUTHORITY FINDS:

IN JANUARY 1976, THE LEXINGTON VETERANS ADMINISTRATION (VA) MEDICAL
CENTER IMPLEMENTED A POLICY REQUIRING VA SECURITY GUARDS TO ESCORT VA
ADMINISTRATIVE PERSONNEL CARRYING FUNDS FROM THE FACILITY TO LOCAL BANKS
IN THE COMMUNITY. SUBSEQUENTLY, COMPLAINANT'S PRESIDENT REQUESTED A
LEGAL OPINION ADDRESSING THE "LEGAL RAMIFICATIONS" OF OFF-STATION
ACTIVITIES OF VA SECURITY GUARDS, SUCH AS THE ESCORTING OF FUNDS. THE
COMPLAINANT WAS INFORMED BY THE VA GENERAL COUNSEL THAT THE GENERAL
COUNSEL WAS NOT AUTHORIZED TO RENDER THE LEGAL ADVICE REQUESTED AND THAT
NO SUCH LEGAL OPINION WOULD BE FORTHCOMING.

AN UNFAIR LABOR PRACTICE COMPLAINT WAS FILED, ALLEGING THAT
RESPONDENT VIOLATED SECTION 19(A)(1) AND (6) OF EXECUTIVE ORDER 11491,
AS AMENDED, BY ITS FAILURE TO PROVIDE THE REQUESTED INFORMATION.

ALTHOUGH, SUBSEQUENT TO THE COMPLAINANT'S JANUARY 1976 REQUEST, AND
PRIOR TO THE FILING OF THE COMPLAINT HEREIN, THE VA GENERAL COUNSEL DID
PROVIDE A LEGAL OPINION TO THE VA DEPARTMENT OF MEDICINE AND SURGERY IN
REGARD TO A PROPOSED BULLETIN WHICH ADDRESSED THE USE OF VA EMPLOYEES
FOR THE TRANSPORTATION OF FUNDS AND VALUABLES, NEITHER THE BULLETIN NOR
THE LEGAL OPINION ADDRESSED THE COMPLAINANT'S FOCUS OF CONCERN, NAMELY,
THE LEGAL LIABILITIES OF VA SECURITY GUARDS ENGAGED IN OFF-STATION
ESCORT DUTY.

UNDER THE CIRCUMSTANCES OF THIS CASE, THE AUTHORITY FINDS THAT
COMPLAINANT'S REQUEST WAS FOR INFORMATION WHICH WAS NOT IN EXISTENCE AND
THAT RESPONDENT'S LEGAL OFFICE IS UNDER NO OBLIGATION TO PROVIDE A LEGAL
OPINION FOR SUBMISSION TO AN OUTSIDE PARTY SUCH AS THE COMPLAINT UNION.
IN SO FINDING, THE AUTHORITY DOES NOT PASS ON THE ISSUE OF WHETHER
RESPONDENT WOULD BE OBLIGATED UPON REQUEST TO PROVIDE AN EXISTING LEGAL
OPINION TO COMPLAINANT.

ACCORDINGLY, THE AUTHORITY CONCLUDES THAT THE RESPONDENT'S FAILURE TO
PROVIDE THE REQUESTED LEGAL OPINION TO THE COMPLAINANT DID NOT
CONSTITUTE A VIOLATION OF SECTION 19(A)(1) AND (6) OF THE EXECUTIVE
ORDER.

ORDER

IT IS HEREBY ORDERED THAT THE COMPLAINT IN ASSISTANT SECRETARY CASE
NO. 41-6071(CA) BE, AND IT HEREBY IS, DISMISSED.

ISSUED, WASHINGTON, D.C., JULY 31, 1980

RONALD W. HAUGHTON, CHAIRMAN

HENRY B. FRAZIER III, MEMBER

LEON B. APPLEWHAITE, MEMBER

CERTIFICATE OF SERVICE

COPIES OF THE DECISION AND ORDER OF THE FEDERAL LABOR RELATIONS
AUTHORITY IN THE SUBJECT PROCEEDING HAVE THIS DAY BEEN MAILED TO THE
PARTIES LISTED BELOW:

MR. EDWARD J. GILDEA

GENERAL COUNSEL

NATIONAL ASSOCIATION OF GOVERNMENT

EMPLOYEES

2139 WISCONSIN AVENUE, NW.

WASHINGTON, D.C. 20007

MR. WALLACE R. BALDWIN, JR.

PRESIDENT

NATIONAL ASSOCIATION OF GOVERNMENT

EMPLOYEES, LOCAL R5-185

3005 STANFORD DRIVE

LEXINGTON, KENTUCKY 40503

MR. JAMES C. KLEIN

OFFICE OF THE GENERAL COUNSEL

VETERANS ADMINISTRATION

810 VERMONT AVENUE, NW.

WASHINGTON, D.C. 20420

MR. SEYMOUR X. ALSHER

REGIONAL DIRECTOR

FEDERAL LABOR RELATIONS AUTHORITY

1776 PEACHTREE STREET, NW.

SUITE 501, NORTH WING

ATLANTA, GEORGIA 30309