Department of Veterans Affairs Medical Center, Denver, Colorado and American Federation of Government Employees, Local 2241 (Authority decision, March 17, 1992)

Final FLRA decision. This is a final unfair-labor-practice 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

The Denver VA Medical Center interviewed bargaining unit employees while preparing for a Merit Systems Protection Board hearing. An administrative law judge found that the medical center violated federal labor law by failing to give AFGE Local 2241 an opportunity to attend those interviews. The Authority rejected the VA's exceptions and adopted the judge's findings and order. It ordered the medical center to stop conducting formal discussions without prior union notice and an opportunity for union representation. The VA must also post a notice to employees for 60 days and report its compliance to the regional director.

Decision snapshot

• Authority: Unfair labor practice provisions at 5 U.S.C. § 7116(a)(1) and (8).
• Outcome: Judge's violation finding and remedy adopted; VA ordered to cease the practice and post a notice.
• Key point: An agency must give the exclusive representative notice and a chance to attend qualifying formal discussions with bargaining unit employees.

Full text (FLRA public release)

[ v44 p408 ]
44:0408(35)CA

The decision of the Authority follows:

44 FLRA No. 35

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

DEPARTMENT OF VETERANS AFFAIRS

DEPARTMENT OF VETERANS AFFAIRS MEDICAL
CENTER

DENVER, COLORADO

(Respondent)

and

AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, LOCAL 2241

(Charging Party/Union)

7-CA-10207

DECISION AND ORDER

March 17, 1992

Before Chairman McKee and Members Talkin and
Armendariz.

I. Statement of the Case

The Administrative Law Judge issued the attached decision finding that the Respondent violated section 7116(a)(1) and (8) of the Federal Service Labor-Management Relations Statute (the Statute) by failing to afford the Union an opportunity to be present during interviews of bargaining unit employees conducted by the Respondent in preparation for a Merit Systems Protection Board hearing. The Judge granted the General Counsel's motion for summary judgment and recommended that the Respondent be ordered to take appropriate remedial action. The Respondent filed exceptions to the Judge's decision and the General Counsel filed an opposition to the Respondent's exceptions.

Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Statute, we have reviewed the Judge's rulings and find that no prejudicial error was committed. We affirm the rulings. On consideration of the Judge's decision and the entire record, we adopt the Judge's findings, conclusions and recommended Order for the reasons fully set forth in Veterans Administration Medical Center, Long Beach, California, 41 FLRA 1370 (1991), petition for review filed sub nom. Department of Veterans Affairs Medical Center, Long Beach, California v. FLRA, No. 91-70640 (9th Cir. Oct. 23, 1991).

II. Order

Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Statute, the Department of Veterans Affairs, Department of Veterans Affairs Medical Center, Denver, Colorado, shall:

l. Cease and desist from:

(a) Conducting formal discussions with employees in the bargaining unit exclusively represented by the American Federation of Government Employees, Local 2241, concerning grievances or any personnel policies or practices or other general conditions of employment, without affording the Union prior notice and the opportunity to be represented at such formal discussions.

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

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

(a) Post at its facilities where bargaining unit employees represented by the American Federation of Government Employees, Local 2241 are located, 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 and shall be posted and maintained for 60 consecutive days thereafter, in conspicuous places, including all bulletin boards and other places where notices are customarily posted. Reasonable steps shall be taken to ensure that such notices are not altered, defaced, or covered by any other material.

(b) Pursuant to section 2423.30 of the Authority's Rules and Regulations, notify the Regional Director, Denver 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 conduct formal discussions with employees in the bargaining unit exclusively represented by the American Federation of Government Employees, Local 2241, concerning grievances or any personnel policies or practices or other general conditions of employment, without first affording the Union prior notice and the opportunity to be represented at such formal discussions.

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

__________
(Agency)

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, Denver Regional Office, Federal Labor Relations Authority, whose address is: 1244 Speer Boulevard, Suite 100, Denver, CO 80204 and whose telephone number is: (303) 844-5224.

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