Veterans Administration, Veterans Administration Center, Laboratory Service, Temple, Texas (Activity) and Valerie Graves, American Federation of Government Employees, AFL-CIO, Local Union 2109 (Union) 

 

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[ v02 p920 ]
02:0920(117)CA
The decision of the Authority follows:


 2 FLRA No. 117
 
 VETERANS ADMINISTRATION
 VETERANS ADMINISTRATION CENTER
 LABORATORY SERVICE
 TEMPLE, TEXAS
 (Activity)
 
 and
 
 VALERIE GRAVES
 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 AFL-CIO, LOCAL UNION 2109
 (Union)
 
                                            Assistant Secretary
                                            Case No. 63-8479(CA)
 
                            DECISION AND ORDER
 
    ON AUGUST 28, 1979, ADMINISTRATIVE LAW JUDGE WILLIAM B. DEVANEY
 ISSUED HIS RECOMMENDED DECISION AND ORDER IN THE ABOVE-ENTITLED
 PROCEEDING, FINDING THAT THE RESPONDENT HAD ENGAGED IN CERTAIN OF THE
 UNFAIR LABOR PRACTICES ALLEGED IN THE COMPLAINT AND RECOMMENDING IT
 CEASE AND DESIST THEREFROM.  HE RECOMMENDED THAT CERTAIN OTHER UNFAIR
 LABOR PRACTICE ALLEGATIONS BE DISMISSED. THEREAFTER, THE RESPONDENT
 FILED EXCEPTIONS TO THOSE PORTIONS OF THE ADMINISTRATIVE LAW JUDGE'S
 RECOMMENDED DECISION AND ORDER WHICH FOUND THAT THE RESPONDENT HAD
 ENGAGED IN UNFAIR LABOR PRACTICES.
 
    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. 3487, JAN. 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).
 
    THEREFORE, PURSUANT TO SECTION 2400.2 OF THE AUTHORITY'S RULES AND
 REGULATIONS AND SECTION 7135(B) OF THE STATUTE, THE AUTHORITY HAS
 REVIEWED THE RULINGS OF THE ADMINISTRATIVE LAW JUDGE MADE AT THE HEARING
 AND FINDS THAT NO PREJUDICIAL ERROR WAS COMMITTED.  THE RULINGS ARE
 HEREBY AFFIRMED.  UPON CONSIDERATION OF THE ADMINISTRATIVE LAW JUDGE'S
 RECOMMENDED DECISION AND ORDER AND THE ENTIRE RECORD IN THE SUBJECT
 CASE, INCLUDING THE RESPONDENT'S EXCEPTIONS, AND NOTING THAT NO
 EXCEPTIONS WERE FILED TO CERTAIN PORTIONS OF THE ADMINISTRATIVE LAW
 JUDGE'S RECOMMENDED DECISION AND ORDER, THE AUTHORITY HEREBY ADOPTS THE
 ADMINISTRATIVE LAW JUDGE'S FINDINGS, /1/ CONCLUSIONS AND RECOMMENDATION.
  /2/
 
                                   ORDER
 
    PURSUANT TO SECTION 2400.2 OF THE RULES AND REGULATIONS OF THE
 FEDERAL LABOR RELATIONS AUTHORITY AND SECTION 7135 OF THE FEDERAL
 SERVICE LABOR-MANAGEMENT RELATIONS STATUTE, THE AUTHORITY HEREBY ORDERS
 THAT THE VETERANS ADMINISTRATION, VA CENTER, LABORATORY SERVICE, TEMPLE,
 TEXAS, SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) INTERFERING WITH, RESTRAINING, OR COERCING ITS EMPLOYEES IN THE
 EXERCISE OF THEIR RIGHTS ASSURED BY THE EXECUTIVE ORDER BY REFUSING TO
 PERMIT VALERIE E. GRAVES OR ANY OTHER EMPLOYEE TO ATTEND A NEGOTIATING
 MEETING AS A DULY APPOINTED MEMBER OF THE UNION'S NEGOTIATING TEAM;  OR
 BY IMPOSING ON VALERIE E. GRAVES, OR ANY OTHER EMPLOYEE, BECAUSE OF
 UNION ACTIVITY, ANY RESTRICTION ON PERSONAL ACTIVITY NOT UNIFORMLY
 REQUIRED OF ALL EMPLOYEES.
 
    (B) IN ANY LIKE OR RELATED MANNER INTERFERING WITH, RESTRAINING, OR
 COERCING EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY EXECUTIVE
 ORDER 11491, AS AMENDED.
 
    2.  TAKE THE FOLLOWING AFFIRMATIVE ACTION IN ORDER TO EFFECTUATE THE
 PURPOSES AND POLICIES OF THE ORDER:
 
    (A) POST AT ITS FACILITIES IN TEMPLE, TEXAS, COPIES OF THE ATTACHED
 NOTICE MARKED "APPENDIX" ON FORMS TO BE FURNISHED BY THE AUTHORITY.
 UPON RECEIPT OF SUCH FORMS THEY SHALL BE SIGNED BY THE HOSPITAL DIRECTOR
 AND SHALL BE POSTED AND MAINTAINED BY HIM FOR 60 CONSECUTIVE DAYS
 THEREAFTER, IN CONSPICUOUS PLACES, INCLUDING ALL BULLETIN BOARDS AND
 OTHER PLACES WHERE NOTICES TO EMPLOYEES ARE CUSTOMARILY POSTED.  THE
 HOSPITAL DIRECTOR SHALL TAKE REASONABLE STEPS TO INSURE THAT SUCH
 NOTICES ARE NOT ALTERED, DEFACED, OR COVERED BY ANY OTHER MATERIAL.
 
    (B) NOTIFY THE FEDERAL LABOR RELATIONS AUTHORITY, IN WRITING, WITHIN
 30 DAYS FROM THE DATE OF THIS ORDER AS TO WHAT STEPS HAVE BEEN TAKEN TO
 COMPLY HEREWITH.
 
    IT IS FURTHER ORDERED THAT THE PORTIONS OF THE COMPLAINT FOUND NOT BE
 VIOLATIVE OF THE EXECUTIVE ORDER IN ASSISTANT SECRETARY CASE NO.
 63-8479(CA) BE, AND THEY HEREBY ARE, DISMISSED.
 
    ISSUED, WASHINGTON, D.C., MARCH 21, 1980
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
                                 APPENDIX
 
                          NOTICE TO ALL EMPLOYEES
 
           PURSUANT TO A DECISION AND ORDER OF THE FEDERAL LABOR
 
            RELATIONS AUTHORITY AND IN ORDER TO EFFECTUATE THE
 
          POLICIES OF CHAPTER 71 OF TITLE 5 OF THE UNITED STATES
 
                                   CODE
 
                FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
 
                   WE HEREBY NOTIFY OUR EMPLOYEES THAT:
 
    WE WILL NOT REFUSE TO PERMIT VALERIE E. GRAVES OR ANY OTHER EMPLOYEE
 TO ATTEND A NEGOTIATING MEETING AS A DULY APPOINTED MEMBER OF THE
 UNION'S NEGOTIATING TEAM;  OR IMPOSE ON VALERIE E. GRAVES, OR ANY OTHER
 EMPLOYEE, BECAUSE OF UNION ACTIVITY, ANY RESTRICTION ON PERSONAL
 ACTIVITY NOT UNIFORMLY REQUIRED OF ALL EMPLOYEES.
 
    WE WILL NOT IN ANY LIKE OR RELATED MATTER INTERFERE WITH, RESTRAIN,
 OR COERCE EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY EXECUTIVE
 ORDER 11491, AS AMENDED.
 
                           (AGENCY OR ACTIVITY)
 
    DATED:  . . . BY:  . . . (SIGNATURE)
 
    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 FOR THE FEDERAL LABOR RELATIONS AUTHORITY, WHOSE
 ADDRESS IS:  DOWNTOWN POST OFFICE STATION, BRYAN AND ERVAY STREETS, P.O.
 BOX 2640, DALLAS, TEXAS 75221;  AND WHOSE TELEPHONE NUMBER IS:  (214)
 767-4996.
 
    /1/ IN ADOPTING THE ADMINISTRATIVE LAW JUDGE'S CONCLUSION THAT
 SECTION 19(A)(1) WAS VIOLATED BY THE RESPONDENT'S REFUSAL TO PERMIT THE
 COMPLAINANT TO ATTEND A PRE-NEGOTIATION MEETING, THE AUTHORITY FINDS IT
 UNNECESSARY TO RELY UPON THE ADMINISTRATIVE LAW JUDGE'S FINDING THAT
 THIS REFUSAL WAS A "DELIBERATE PLOY" TO INFLUENCE THE CHOICE OF THE
 UNION'S BARGAINING REPRESENTATIVE.
 
    /2/ IN CONFORMITY WITH SECTION 902(B) OF THE CIVIL SERVICE REFORM ACT
 OF 1978 (92 STAT. 1224), THE PRESENT CASE IS DECIDED SOLELY ON THE BASIS
 OF E.O. 11491, AS AMENDED, AND AS IF THE NEW FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE (92 STAT. 1191) HAD NOT BEEN ENACTED.
  THE DECISION AND ORDER DOES NOT PREJUDGE IN ANY MANNER EITHER THE
 MEANING OR APPLICATION OF RELATED PROVISIONS IN THE NEW STATUTE OR THE
 RESULT WHICH WOULD BE REACHED BY THE AUTHORITY IF THE CASE HAD ARISEN
 UNDER THE STATUTE RATHER THAN THE EXECUTIVE ORDER.