American Federation of Government Employees Local 3669, AFL-CIO (Union) and Veterans Administration Medical Center, Minneapolis, Minnesota (Activity) (Authority decision, September 30, 1980)

Final FLRA decision. This negotiability order ends the petition before the Authority. An aggrieved person may seek judicial review in a court of appeals within 60 days of issuance under 5 U.S.C. § 7123(a).

Plain-English summary

A union at the Minneapolis VA medical center proposed procedures for disciplinary and adverse actions, including notice, response, and access to documents. The VA asserted that its special statutory discipline process for certain medical staff foreclosed bargaining. The Authority found the proposals did not conflict with that statute and directed the VA to bargain on request.

Decision snapshot

• Authority: 5 U.S.C. § 7117, 38 U.S.C. § 4110.
• Outcome: Agency nonnegotiability position rejected; bargaining ordered.
• Key point: The proposed procedural protections did not conflict with the VA discipline statute.

Full text (FLRA public release)

[ v04 p391 ]

04:0391(53)NG

The decision of the Authority follows:

4 FLRA No. 53

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES
LOCAL 3669, AFL-CIO
Union

and

VETERANS ADMINISTRATION
MEDICAL CENTER,
MINNEAPOLIS, MINNESOTA
Activity

Case No. O-NG-142

DECISION AND ORDER ON NEGOTIABILITY ISSUE

THIS CASE COMES BEFORE THE FEDERAL LABOR RELATIONS AUTHORITY (THE
AUTHORITY) PURSUANT TO SECTION 7105(A)(2)(E) OF THE FEDERAL SERVICE
LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE) (5 U.S.C. 7101 ET
SEQ.).

UNION PROPOSALS

ARTICLE XXIV

DISCIPLINARY ACTIONS

SECTION 2. IF THE EMPLOYER PROPOSES TO SUSPEND AN EMPLOYEE FOR 14
CALENDAR DAYS OR LESS, THE FOLLOWING PROCEDURES WILL APPLY:

(A) THE EMPLOYER WILL PROVIDE THE EMPLOYEE WITH 10 WORKDAYS ADVANCE
WRITTEN NOTICE OF THE

PROPOSED ACTION;

(B) THE NOTICE MUST STATE THE REASONS FOR THE PROPOSED DISCIPLINE
SPECIFICALLY AND IN

DETAIL SO AS TO DELINEATE SPECIFICS TO WHICH THE EMPLOYEE CAN
RESPOND, AND MUST CLEARLY STATE

THE EMPLOYEE'S RIGHT TO MAKE A RESPONSE TO THE PROPOSAL AND HIS/HER
RIGHT TO BE REPRESENTED BY

THE UNION;

(C) THE EMPLOYEE MAY FILE A WRITTEN RESPONSE AND/OR MAKE AN ORAL
RESPONSE TO THE

NOTIFICATION PRIOR TO THE END OF THE 10 WORKDAY NOTICE PERIOD;

(D) AFTER RECEIPT OF THE WRITTEN AND/OR ORAL RESPONSE OR THE
TERMINATION OF THE NOTICE

PERIOD, MANAGEMENT WILL ISSUE A FINAL WRITTEN DECISION TO THE
EMPLOYEE WHICH SHALL INCLUDE A

STATEMENT OF THE EMPLOYEE'S APPEAL AND/OR GRIEVANCE RIGHTS.

ADVERSE ACTION

SECTION 2.

(C) THE WRITTEN NOTICE MUST STATE THE REASONS FOR THE ADVERSE ACTION
SPECIFICALLY AND IN

DETAIL, SO AS TO DELINEATE SPECIFICS TO WHICH THE EMPLOYEE CAN
RESPOND, AND MUST CLEARLY STATE

THE EMPLOYEE'S RIGHT TO MAKE A RESPONSE TO THE PROPOSAL AND HIS/HER
RIGHT TO BE REPRESENTED BY

THE UNION.

(D) THE EMPLOYEE MAY FILE A WRITTEN RESPONSE AND/OR MAKE AN ORAL
RESPONSE TO THE PROPOSED

NOTICE WITHIN 10 WORKDAYS AFTER RECEIPT OF THE WRITTEN NOTICE.

(E) WITHIN 10 WORKDAYS OF RECEIPT OF THE WRITTEN AND/OR ORAL RESPONSE
OR THE TERMINATION OF

THE NOTICE PERIOD, THE EMPLOYER WILL ISSUE A FINAL WRITTEN DECISION
TO THE EMPLOYEE WHICH

SHALL INCLUDE A STATEMENT OF THE EMPLOYEE'S RIGHT TO APPEAL TO THE
(MERIT SYSTEMS PROTECTION

BOARD) VETERANS ADMINISTRATION /1/ AND/OR THE EMPLOYEE'S RIGHT TO
FILE A GRIEVANCE IN

ACCORDANCE WITH THIS AGREEMENT. (FOOTNOTE ADDED.)

SECTION 3.

(A) AN EMPLOYEE WILL IN ANY ADVERSE ACTION, BE FURNISHED A COPY OF
ALL WRITTEN DOCUMENTS

WHICH CONTAIN MATERIAL AND/OR EVIDENCE RELIED ON BY THE EMPLOYER AS A
BASIS FOR THE REASONS

AND SPECIFICATIONS.

(B) IF THE ADVERSE ACTION IS BASED ON AN INVESTIGATION REPORT, THOSE
PORTIONS OF ALL

WRITTEN DOCUMENTS FROM THE INVESTIGATION REPORT WHICH RELATE TO THE
SPECIFICATIONS WILL BE

FURNISHED TO THE EMPLOYEE.

(C) THE DOCUMENTATION SPECIFIED IN (A) AND (B) ABOVE WILL BE ATTACHED
TO THE NOTICE OF

DECISION OF ADVERSE ACTION.

QUESTION HERE BEFORE THE AUTHORITY

THE QUESTION IS WHETHER THE UNION PROPOSALS CONCERNING DISCIPLINARY
AND ADVERSE ACTIONS ARE MATTERS OUTSIDE THE DUTY TO BARGAIN UNDER
SECTION 7117 OF THE STATUTE BECAUSE THEY ARE INCONSISTENT WITH FEDERAL
LAW (38 U.S.C. 4110), /2/ AS ALLEGED BY THE AGENCY.

OPINION

CONCLUSION AND ORDER: THE SUBJECT PROPOSALS ARE WITHIN THE AGENCY'S
DUTY TO BARGAIN UNDER THE STATUTE AND ARE NOT INCONSISTENT WITH 38
U.S.C. 4110. ACCORDINGLY, PURSUANT TO SECTION 2424.10 OF THE
AUTHORITY'S RULES AND REGULATIONS (5 CFR 2424.10, AS AMENDED BY 45 F.R.
48575), IT IS ORDERED THAT THE AGENCY SHALL UPON REQUEST (OR AS
OTHERWISE AGREED TO BY THE PARTIES) BARGAIN CONCERNING THE SUBJECT
PROPOSALS. /3/

REASONS: THE VETERANS ADMINISTRATION (VA) ALLEGES THAT THE PROPOSALS
ARE NONNEGOTIABLE BECAUSE THEY CONFLICT WITH THE EXCLUSIVE STATUTORY
PROCEDURE PROVIDED BY 38 U.S.C. 4110 FOR DISCIPLINARY MATTERS RELATING
TO VA DEPARTMENT OF MEDICINE AND SURGERY (DM & S) EMPLOYEES, I.E.,
DIRECT PATIENT CARE PROVIDERS. THE AGENCY ARGUES THAT ANY PROPOSAL
CONCERNING DISCIPLINE OF DM & S EMPLOYEES, AND SPECIFICALLY A PROPOSAL
WHICH WOULD SUBJECT A DISCIPLINARY DECISION TO THIRD PARTY REVIEW,
CONFLICTS WITH SECTION 4110 OF TITLE 38. FURTHER, THE AGENCY ARGUES THE
SPECIFIC STATUTORY SYSTEM OF DISCIPLINE PROVIDED FOR DM & S DIRECT
PATIENT CARE PROVIDERS BY 38 U.S.C. 4110 MUST PREVAIL OVER THE MORE
GENERAL PROVISIONS OF THE STATUTE RELATING TO THE DUTY TO BARGAIN OVER
GRIEVANCE PROCEDURES. THE AGENCY'S POSITION CANNOT BE SUSTAINED.
CONTRARY TO THE AGENCY'S ASSERTIONS, THE UNION'S PROPOSALS DO NOT
CONFLICT WITH THE DISCIPLINARY PROCEDURES MANDATED BY STATUTE FOR TITLE
38 DM & S EMPLOYEES. FURTHER, THE LEGISLATIVE HISTORY SHOWS THAT
CONGRESS INTENDED THE DM & S PERSONNEL SYSTEM ESTABLISHED BY TITLE 38,
INCLUDING ITS PROVISIONS RELATING TO DISCIPLINE, TO BE ENCOMPASSED BY
THE PROVISIONS OF THE STATUTE.

IN THIS REGARD, THE DEFINITIONS OF "AGENCY" AND "EMPLOYEE" FOR
PURPOSE OF THE STATUTE INCLUDE THE VA AND DM & S EMPLOYEES UNDER 5
U.S.C. 7103(A)(3) AND (2) RESPECTIVELY. IN ADDITION, SECTION 7121 OF
THE STATUTE PROVIDES FOR BROAD SCOPE GRIEVANCE PROCEDURES. AS STATED
WITH RESPECT TO SECTION 712, IN THE CONFERENCE REPORT ACCOMPANYING THE
FINAL VERSION OF THE BILL WHICH WAS SUBSEQUENTLY ENACTED AND SIGNED INTO
LAW:

ALL MATTERS THAT UNDER THE PROVISIONS OF LAW COULD BE SUBMITTED TO
THE GRIEVANCE PROCEDURES

SHALL IN FACT BE WITHIN THE SCOPE OF ANY GRIEVANCE PROCEDURE
NEGOTIATED BY THE PARTIES UNLESS

THE PARTIES AGREE AS PART OF THE COLLECTIVE BARGAINING PROCESS THAT
CERTAIN MATTERS SHALL NOT

BE COVERED BY THE GRIEVANCE PROCEDURES. JOINT EXPLANATORY STATEMENT
OF THE COMMITTEE ON

CONFERENCE, H.R. REP. NO. 1717, 95TH CONG., 2D SESS. 157 (1978)
REPRINTED IN (1978) U.S. CODE

CONG., & AD. NEWS 2860, 2891. THE LIST OF MATTERS EXCLUDED FROM
PERMISSIBLE COVERAGE BY NEGOTIATED GRIEVANCE PROCEDURES BY SECTION
7121(C) OF THE STATUTE DOES NOT ADVERT TO DM & S EMPLOYEES' COMPLAINTS
CONCERNING DISCIPLINARY ACTIONS. THUS, ON THEIR FACE GRIEVANCE
PROCEDURES NEGOTIATED UNDER THE STATUTE COVER SUCH MATTERS UNLESS THE
PARTIES EXCLUDE THEM THROUGH BARGAINING. MOREOVER, SECTION 7121(E)(1)
OF THE STATUTE PROVIDES:

(E)(1) MATTERS COVERED UNDER SECTIONS 4303 AND 7512 OF THIS TITLE
WHICH ALSO FALL WITHIN

THE COVERAGE OF THE NEGOTIATED GRIEVANCE PROCEDURE MAY, IN THE
DISCRETION OF THE AGGRIEVED

EMPLOYEE, BE RAISED EITHER UNDER THE APPELLATE PROCEDURES OF SECTION
7701 OF THIS TITLE OR

UNDER THE NEGOTIATED GRIEVANCE PROCEDURE, BUT NOT BOTH. SIMILAR
MATTERS WHICH ARISE UNDER

OTHER PERSONNEL SYSTEMS APPLICABLE TO EMPLOYEES COVERED BY THIS
CHAPTER MAY, IN THE DISCRETION

OF THE AGGRIEVED EMPLOYEE, BE RAISED EITHER UNDER THE APPELLATE
PROCEDURES, IF ANY, APPLICABLE

TO THOSE MATTERS, OR UNDER THE NEGOTIATED GRIEVANCE PROCEDURE, BUT
NOT BOTH. AN EMPLOYEE

SHALL BE DEEMED TO HAVE EXERCISED HIS OPTION UNDER THIS SUBSECTION TO
RAISE A MATTER EITHER

UNDER THE APPLICABLE APPELLATE PROCEDURES OR UNDER THE NEGOTIATED
GRIEVANCE PROCEDURE AT SUCH

TIME AS THE EMPLOYEE TIMELY FILES A NOTICE OF APPEAL UNDER THE
APPLICABLE APPELLATE PROCEDURES

OR TIMELY FILES A GRIEVANCE IN WRITING IN ACCORDANCE WITH THE
PROVISIONS OF THE

PARTIES' NEGOTIATED GRIEVANCE PROCEDURE, WHICHEVER EVENT OCCURS
FIRST. 5 U.S.C. 7121(E)(1). THIS LANGUAGE AS REPORTED OUT OF THE
SENATE-HOUSE CONFERENCE COMMITTEE IN THE FINAL VERSION OF THE BILL
ENACTED AND SIGNED INTO LAW WAS IDENTICAL TO THAT IN THE BILL (S. 2640)
REPORTED OUT OF THE SENATE COMMITTEE ON GOVERNMENT AFFAIRS AND
SUBSEQUENTLY PASSED BY THE SENATE. THE SENATE COMMITTEE REPORTED ON
THIS SUBSECTION AS FOLLOWS:

SUBSECTION (E) PROVIDES EMPLOYEES WITH AN OPTION, IN APPEALING
MATTERS COVERED UNDER 5

U.S.C. SECTION 4303 (DEMOTION OR REMOVAL FOR UNACCEPTABLE
PERFORMANCE) OR 5 U.S.C. SECTION

7512 (REMOVAL, SUSPENSION FOR MORE THAN 30 DAYS, REDUCTION IN GRADE,
REDUCTION IN PAY OF AN

AMOUNT EXCEEDING ONE STEP OF AN EMPLOYEE'S GRADE OR 3 PERCENT OF THE
EMPLOYEE'S BASIC PAY,

FURLOUGH FOR 30 DAYS OR LESS), OF USING THE STATUTORY APPEAL
PROCEDURE UNDER 5 U.S.C. SECTION

7701 OR THE NEGOTIATED GRIEVANCE PROCEDURE IF SUCH MATTERS HAVE BEEN
NEGOTIATED INTO COVERAGE

UNDER THE GRIEVANCE PROCEDURE. IT ALSO PROVIDES THAT MATTERS SIMILAR
TO THOSE LISTED ABOVE

WHICH MAY ARISE UNDER OTHER PERSONNEL SYSTEMS APPLICABLE TO EMPLOYEES
COVERED BY THIS

SUBCHAPTER, SUCH AS THOSE PROVIDED IN TITLE 38, UNITED STATES CODE,
MAY, IN THE DISCRETION OF

THE AGGRIEVED EMPLOYEE, BE RAISED UNDER EITHER THE NEGOTIATED
GRIEVANCE PROCEDURE OR UNDER ANY

APPELLATE PROCEDURES WHICH WOULD OTHERWISE BE AVAILABLE TO THE
EMPLOYEE IF THE MATTER WEREN'T

COVERED BY THE GRIEVANCE PROCEDURE. S. REP. NO. 95-969, 95TH CONG.,
2D SESS. 110 (1978)

REPRINTED IN (1978) U.S. CODE CONG., & AD. NEWS 2723, 2832.

THIS CLEARLY STATES CONGRESS' INTENT THAT DISCIPLINARY MATTERS
ARISING UNDER TITLE 38 WHICH ARE SIMILAR TO THE DISCIPLINARY AND ADVERSE
ACTIONS DESCRIBED IN 5 U.S.C. 4303 AND 5 U.S.C. 7512 BE COVERED BY THE
PROVISIONS OF SECTION 7121 OF THE STATUTE. IT ALSO CLEARLY STATES
CONGRESS' INTENT THAT TITLE 38 EMPLOYEES HAVE THE SAME OPTION AS
EMPLOYEES COVERED BY TITLE 5 OF UTILIZING A NEGOTIATED GRIEVANCE
PROCEDURE (IF THE PROCEDURE COVERS THE MATTER) OR AN AVAILABLE APPELLATE
PROCEDURE WHEN THEY WISH TO CHALLENGE SUCH ACTIONS.

THE UNION'S PROPOSAL, AS AMENDED, WOULD MAKE ADVERSE ACTIONS
APPEALABLE TO THE VA OR UNDER THE NEGOTIATED GRIEVANCE PROCEDURE. THE
SECOND SENTENCE OF SECTION 7121(E)(1) OF THE STATUTE PROVIDES THAT
MATTERS SIMILAR TO TITLE 5 ADVERSE ACTIONS AND ACTIONS BASED ON
UNACCEPTABLE PERFORMANCE WHICH ARISE UNDER OTHER PERSONNEL SYSTEMS MAY
BE APPEALED UNDER ANY AVAILABLE APPELLATE PROCEDURES OR UNDER THE
NEGOTIATED GRIEVANCE PROCEDURES. THIS IS EXACTLY WHAT THE UNION
PROPOSAL PROVIDES.

THE PROCEDURES SET FORTH IN THE UNION PROPOSAL ON "DISCIPLINARY
ACTIONS" BASICALLY TRACK THE PROVISIONS OF SUBCHAPTER I OF CHAPTER 75 OF
TITLE 5 OF THE UNITED STATES CODE. THE UNION PROPOSAL ON "ADVERSE
ACTIONS" BASICALLY TRACKS SUBCHAPTER II OF THAT CHAPTER. THERE IS
NOTHING IN TITLE 38 WHICH IS INCONSISTENT WITH THE USE OF THE PROCEDURES
PROPOSED BY THE UNION, I.E., ADVANCE WRITTEN NOTICE OF SPECIFIC CHARGES;
THE OPPORTUNITY TO RESPOND AND TO PRESENT EVIDENCE; A WRITTEN FINAL
DECISION; ETC., WHEN DISCIPLINARY ACTION IS CONTEMPLATED UNDER TITLE
38.

WHILE THE ADMINISTRATOR IS GRANTED BROAD AUTHORITY UNDER CHAPTER 73
OF TITLE 38 TO PRESCRIBE REGULATIONS AND CARRY OUT THE FUNCTIONS OF THE
DEPARTMENT OF MEDICINE AND SURGERY, THE "EXCLUSIVENESS" SOUGHT BY THE
AGENCY WITH RESPECT TO DISCIPLINING TITLE 38 EMPLOYEES WOULD RESULT IN
THE EXCLUSION OF DISCIPLINARY GRIEVANCES OF DM & S EMPLOYEES FROM
COVERAGE BY SECTION 7121 OF THE STATUTE. AS SHOWN ABOVE IT IS CLEAR
THAT CONGRESS INTENDED THAT SUCH GRIEVANCES BE COVERED UNLESS
SPECIFICALLY EXCLUDED BY THE PARTIES AND THAT THE NEGOTIATED PROCEDURE
BE UTILIZED AT THE EMPLOYEE'S OPTION. /4/

IN VIEW OF THE FOREGOING, THE PROPOSALS AT ISSUE ARE MATTERS WITHIN
THE AGENCY'S DUTY TO BARGAIN UNDER THE STATUTE, AND THE AGENCY'S
DETERMINATION OF NONNEGOTIABILITY MUST BE SET ASIDE.

ISSUED, WASHINGTON, D.C., SEPTEMBER 30, 1980

RONALD W. HAUGHTON, CHAIRMAN

HENRY B. FRAZIER III, MEMBER

LEON B. APPLEWHAITE, MEMBER

FEDERAL LABOR RELATIONS AUTHORITY

CERTIFICATION OF SERVICE

COPIES OF THE DECISION AND ORDER OF THE FLRA IN THE SUBJECT
PROCEEDING HAVE THIS DAY BEEN MAILED TO THE PARTIES LISTED:

MR. GUY MCMICHAEL III

GENERAL COUNSEL

VETERANS ADMINISTRATION

1810 VERMONT AVENUE, N.W.

WASHINGTON, D.C. 20420

MR. RONALD D. KING, DIRECTOR

CONTRACT AND APPEALS DIVISION

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO

1325 MASSACHUSETTS AVENUE, N.W.

WASHINGTON, D.C. 20005

--------------- FOOTNOTES$ ---------------

/1/ IN ITS RESPONSE TO THE AGENCY'S STATEMENT OF POSITION THE UNION
AMENDED SECTION 2(E) OF ITS PROPOSAL DELETING THE REFERENCE TO THE
"MERIT SYSTEMS PROTECTION BOARD" AND SUBSTITUTING THEREFOR THE WORDS
"VETERANS ADMINISTRATION." THIS DECISION IS BASED ON THE PROPOSAL AS
AMENDED.

/2/ 38 U.S.C. 4110 PROVIDES:

SEC. 4110. DISCIPLINARY BOARDS

(A) THE CHIEF MEDICAL DIRECTOR, UNDER REGULATIONS PRESCRIBED BY THE
ADMINISTRATOR SHALL FROM TIME TO TIME APPOINT BOARDS TO BE KNOWN AS
DISCIPLINARY BOARDS, EACH SUCH BOARD TO CONSIST OF NOT LESS THAN THREE
NOR MORE THAN FIVE EMPLOYEES, SENIOR IN GRADE, OF THE DEPARTMENT OF
MEDICINE AND SURGERY, TO DETERMINE, UPON NOTICE AND FAIR HEARING,
CHARGES OF INAPTITUDE, INEFFICIENCY, OR MISCONDUCT OF ANY PERSON
EMPLOYED IN A POSITION PROVIDED IN PARAGRAPH (1) OF SECTION 4104 OF THIS
TITLE. WHEN SUCH CHARGES CONCERN A DENTIST, THE MAJORITY OF EMPLOYEES
ON THE DISCIPLINARY BOARD SHALL BE DENTISTS.

(B) THE ADMINISTRATOR SHALL APPOINT THE CHAIRMAN AND SECRETARY OF THE
BOARD, EACH OF WHOM SHALL HAVE AUTHORITY TO ADMINISTER OATHS.

(C) THE CHIEF MEDICAL DIRECTOR MAY DESIGNATE OR APPOINT ONE OR MORE
INVESTIGATORS, TO ASSIST EACH DISCIPLINARY BOARD IN THE COLLECTION AND
PRESENTATION OF EVIDENCE. ANY PERSON ANSWERING TO CHARGES BEFORE A
DISCIPLINARY BOARD MAY BE REPRESENTED BY COUNSEL OF HIS OWN CHOOSING.

(D) A DISCIPLINARY BOARD, WHEN IN ITS JUDGMENT CHARGES ARE SUSTAINED,
SHALL RECOMMEND TO THE ADMINISTRATOR SUITABLE DISCIPLINARY ACTION,
WITHIN LIMITATIONS PRESCRIBED BY THE ADMINISTRATOR, WHICH SHALL INCLUDE
REPRIMAND, SUSPENSION WITHOUT PAY, REDUCTION IN GRADE, AND DISCHARGE
FROM THE DEPARTMENT OF MEDICINE AND SURGERY OF SUCH PERSON. THE
ADMINISTRATOR SHALL EITHER APPROVE THE RECOMMENDATION OF THE BOARD,
APPROVE SUCH RECOMMENDATION WITH MODIFICATION OR EXCEPTION, APPROVE SUCH
RECOMMENDATION AND SUSPEND FURTHER ACTION AT THE TIME, OR DISAPPROVE
SUCH RECOMMENDATION. HE SHALL CAUSE TO BE EXECUTED SUCH ACTION AS HE
APPROVES. THE DECISION OF THE ADMINISTRATOR SHALL BE FINAL.

(E) THE ADMINISTRATOR, WITHIN SUCH LIMITATIONS AS HE MAY PRESCRIBE,
MAY DELEGATE TO THE CHIEF MEDICAL DIRECTOR THE AUTHORITY VESTED IN HIM
BY SUBSECTIONS (B) AND (D) OF THIS SECTION TO (1) APPOINT THE CHAIRMAN
AND SECRETARY OF A DISCIPLINARY BOARD, SUCH OFFICIAL TO HAVE THE POWER
PRESCRIBED BY THIS SECTION, AND (2) RECEIVE AND ACT UPON THE
RECOMMENDATIONS OF SUCH A BOARD. ANY PERSON AGAINST WHOM DISCIPLINARY
ACTION IS TAKEN UNDER AUTHORITY DELEGATED PURSUANT TO THIS SUBSECTION
SHALL HAVE THE RIGHT TO APPEAL SUCH ACTION TO THE ADMINISTRATOR, BUT IN
THE ABSENCE OF SUCH AN APPEAL THE DECISION OF THE CHIEF MEDICAL DIRECTOR
SHALL HAVE THE SAME FORCE AND EFFECT AS A DECISION OF THE ADMINISTRATOR.

/3/ IN DECIDING THAT THE SUBJECT PROPOSALS ARE WITHIN THE DUTY TO
BARGAIN, THE AUTHORITY MAKES NO JUDGMENT AS TO THE MERITS OF THE
PROPOSALS.

/4/ SEE ALSO NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES, LOCAL
R-14-87 AND STATE OF KANSAS NATIONAL GUARD, 3 FLRA NO. 124(1980);
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 3669 AND
VETERANS ADMINISTRATION MEDICAL CENTER, MINNEAPOLIS, MINNESOTA, 3 FLRA
NO. 48(1980).