U.S. Department of Veterans Affairs, Regional Office and Outpatient Clinic, Anchorage and AFGE Local 3028 (Authority decision, December 13, 1990)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority approving a formal settlement in an unfair labor practice proceeding. The parties waived further proceedings before the Authority and consented to entry of a judgment by an appropriate United States court of appeals. The order is subject to judicial enforcement under 5 U.S.C. § 7123(b).

Plain-English summary

The Anchorage VA Regional Office and Outpatient Clinic and AFGE Local 3028 entered a formal settlement of two unfair labor practice cases. The Authority approved the stipulation and issued a consent order. Under that order, the VA must give the union adequate notice and an opportunity to attend formal discussions with employees, including meetings about possible changes in office organization and work duties. It must stop violating that duty, post a notice signed by the Director for 60 days, and report its compliance to the regional director. The parties waived further proceedings before the Authority, and the VA consented to a court judgment.

Decision snapshot

• Authority: Consent order under 5 U.S.C. § 7105(a)(2)(G).
• Outcome: Formal settlement approved; notice and union participation in formal discussions ordered.
• Key point: The VA must notify AFGE Local 3028 and allow its representative at formal discussions with bargaining unit employees.

Full text (FLRA public release)

[ v38 p1063 ]
38:1063(88)CA

The decision of the Authority follows:

38 FLRA No. 88

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF VETERANS AFFAIRS

REGIONAL OFFICE AND OUTPATIENT CLINIC

ANCHORAGE, ALASKA

(Respondent)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

LOCAL 3028

(Charging Party)

9-CA-00178

9-CA-00494

ORDER APPROVING FORMAL SETTLEMENT
AGREEMENT

December 13, 1990

Before Chairman McKee and Members Talkin and
Armendariz.

On October 25, 1990, Department of Veterans Affairs, Regional Office and Outpatient Clinic, Anchorage, Alaska (Respondent) and American Federation of Government Employees, Local 3028, AFL-CIO (Charging Party) entered into a settlement stipulation (Stipulation), approved on October 29, 1990 by the San Francisco Regional Director on behalf of the General Counsel, subject also to approval by the Federal Labor Relations Authority, providing for the entry of a consent order by the Authority and a consent judgment by any appropriate United States Court of Appeals. The parties waived all further and other proceedings before the Authority to which they may be entitled under the Federal Service Labor-Management Relations Statute and the Rules and Regulations of the Authority. The Respondent waived its right to contest the entry of a consent judgment and to receive notice of the filing of an application for the entry of such decree.

The Stipulation is hereby approved and made a part of the record in this case, and the proceeding is hereby transferred to and continued before the Authority in Washington, D.C., for the entry of an Order pursuant to the provisions of the subject Stipulation.

Upon the entire record in this case, including the Stipulation, the Authority finds:

1. Department of Veterans Affairs, Regional Office and Outpatient
   Clinic, Anchorage, Alaska, the Respondent, is now and has been at all time material to this case, an agency within the meaning of section 7103(a)(3) of the Statute.

2. American Federation of Government Employees, Local 3028, AFL-CIO,
   the Union, is now and has been at all times material to this case, a labor organization within the meaning of section 7103(a)(4) of the Statute.

ORDER

Based upon the above findings, the Stipulation, and the entire record in the proceedings, and pursuant to section 7105(a)(2)(G) of the Federal Service Labor-Management Relations Statute, the Authority hereby orders that the Respondent, Department of Veterans Affairs, Regional Office and Outpatient Clinic, Anchorage, Alaska shall:

1. Cease and desist from:

(a) Breaching its duty to provide the Union with adequate notice and an opportunity to be represented at formal discussions.

(b) In any like or related manner interfering with, restraining or coercing employees in the exercise of their rights guaranteed 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 at the Regional Office and Outpatient Clinic, Anchorage, Alaska, copies of the attached Notice, marked "Appendix," on forms to be furnished by the Regional Director, Region IX, Federal Labor Relations Authority. Upon receipt, such forms shall be signed and dated by the Director, Regional Office and Outpatient Clinic, Anchorage, Alaska, and shall be posted and maintained by the Personnel Officer for 60 consecutive days thereafter in conspicuous places, including all places where notices to employees are customarily posted. The Personnel Officer shall take reasonable steps to insure that such notices are not altered, defaced or covered by any other material; and

(b) Notify the Regional Director, Region IX, Federal Labor Relations Authority, in writing, within thirty (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:

The Federal Service Labor-Management Relations Statute guarantees certain rights, including the right of the American Federation of Government Employees, Local 3028, AFL-CIO, to be given adequate notice and an opportunity to be represented at any formal discussion between our agents and our employees.

Accordingly, we give you these assurances:

WE WILL NOT fail or refuse to give the American Federation of Government Employees, Local 3028, AFL-CIO, adequate notice and

an opportunity to be represented at all formal discussions such as meetings where possible changes in office organization

and work duties are discussed by our agents with our employees.

WE WILL NOT in any like or related manner interfere with, restrain or coerce unit employees in the exercise of their rights assured by the Statute.

WE WILL provide the American Federation of Government Employees, Local 3028, AFL-CIO, with adequate notice and an opportunity to be represented at all formal discussions such as meetings where possible changes in office organization and work duties are discussed by our agents with our employees.

Department of Veterans Affairs

Regional Office and Outpatient

Clinic, Anchorage, Alaska

Dated: __ By: ______

(Signature of the Director)

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, Region IX, Federal Labor Relations Authority, whose address is: 901 Market Street, Suite 220, San Francisco, California 94103, and whose telephone number is: (415) 744-4000; FTS 484-4000.

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