Veterans Administration Medical Center, Leavenworth, Kansas and American Federation of Government Employees, Local 85 (Authority decision, August 17, 1988)

Final FLRA decision. The Authority adopts an unfair labor practice ruling and orders bargaining before unilateral changes to employees' starting and quitting times. 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).

Plain-English summary

The Leavenworth VA Medical Center changed a housekeeping aide's starting and quitting times without bargaining with AFGE Local 85. An administrative law judge found that the refusal to bargain violated the federal labor statute. The Authority adopted the judge's findings and order. It directed the center to restore the employee's prior hours upon request, offer bargaining over proposed schedule changes, post a notice, and report compliance.

Decision snapshot

• Authority: Good-faith bargaining duty under 5 U.S.C. § 7116(a)(1) and (5).
• Outcome: Unfair labor practice found; prior hours restored upon request and bargaining ordered.
• Key point: Changing start and end times required an opportunity for union bargaining.

Full text (FLRA public release)

[ v32 p832 ]
32:0832(124)CA

The decision of the Authority follows:

32 FLRA No. 124

UNITED STATES OF AMERICA

BEFORE THE

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

VETERANS ADMINISTRATION MEDICAL

CENTER, LEAVENWORTH, KANSAS

Respondent

and

AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, LOCAL 85

Charging Party

Case No. 7-CA-70076

DECISION AND ORDER

The Administrative Law Judge issued the attached decision in the above-entitled proceeding, finding that the Respondent had violated section 7116(a)(1) and (5) of the Federal Service Labor-Management Relations Statute (the Statute) by refusing to bargain concerning its decision to change the starting and quitting times of a unit employee. 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 rulings of the Judge and find that no prejudicial error was committed. The rulings are hereby affirmed. Upon consideration of the Judge's Decision and the entire record, we adopt the Judge's findings, conclusions, and recommended Order.

We find, in agreement with the Judge, that the
Respondent's refusal to bargain concerning its decision to change the starting and quitting times of a housekeeping aide violated the Statute. See Department of the Air Force, Ogden Air Logistics Center, Hill Air Force Base, Utah, 32 FLRA 277, 279 (1988) (agency obligated to bargain concerning decision to change employees' starting and quitting times by 1 hour); Veterans Administration, West Los Angeles Medical Center, Los Angeles, California, 23 FLRA 278, 281, 299 (1986) (agency obligated to bargain concerning decision to change by 1 hour the starting and quitting times for housekeepers' existing duty hours); Veterans Administration, Washington, D.C. and Veterans Administration Medical Center and Regional Office, Sioux Falls, South Dakota, 23 FLRA 122, 125, 132-33 (1986) (agency obligated to bargain over 1-hour change in laundry employee's starting and quitting times; employee's job duties did not change and he continued working with same employees).

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, Leavenworth, Kansas shall:

1. Cease and desist from:

(a) Unilaterally instituting any change in the starting and quitting times of its employees without affording the American Federation of Government Employees, Local 85, AFL-CIO, the exclusive bargaining representative of its employees, the opportunity to negotiate with respect to any proposed changes.

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

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

(a) Upon request, reestablish the previous starting and quitting times for employee Eric Wells and afford the American Federation of Government Employees, Local 85, AFL-CIO, the exclusive bargaining representative of its employees, the opportunity to negotiate with respect to any proposed changes.

(b) Post at its facilities in the Veterans Administration Medical Center, Leavenworth, Kansas 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 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, Region VII, Federal Labor Relations Authority, in writing, within 30 days from the date of this Order as to what steps have been taken to comply.

Issued, Washington, D.C.,

______
Jerry L. Calhoun,
Chairman
Jean McKee, Member
FEDERAL LABOR RELATIONS
AUTHORITY

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 unilaterally institute any change in the starting and quitting times of our employees without affording the American Federation of Government Employees, Local 85, AFL-CIO, the exclusive bargaining representative of our employees, the opportunity to negotiate with respect to any proposed changes.

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

WE WILL, upon request, reestablish the previous starting and quitting times for employee Eric Wells and afford the American Federation of Government Employees, Local 85, AFL-CIO, the exclusive bargaining representative of our employees, the opportunity to negotiate with respect to any proposed changes.

________
(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 VII, Federal Labor Relations Authority, whose address is: 535 16th Street, Suite 310, Denver, Colorado 80202, and whose telephone number is: (303) 844-5224.

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