Veterans Administration Medical Center (Canandaigua, NY) (Respondent) and American Federation of Government Employees, Local 3306, AFL-CIO (Charging Party) 

 



[ v03 p588 ]
03:0588(94)CA
The decision of the Authority follows:


 3 FLRA No. 94
 
 VETERANS ADMINISTRATION MEDICAL CENTER
 (CANANDAIGUA, NEW YORK)
 Respondent
 
 and
 
 LOCAL 3306, AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, AFL-CI0
 Charging Party
 
                                            Case Nos. 1-CA-47 
                                                      1-CA-62 
                                                      1-CA-123 
                                                      1-CA-249 
                                                      1-CA-257 
                                                      1-CA-264
 
                ORDER APPROVING FORMAL SETTLEMENT AGREEMENT
 
    ON APRIL 10, 1980, VETERANS ADMINISTRATION MEDICAL CENTER,
 CANANDAIGUA, NEW YORK (THE RESPONDENT), LOCAL 3306, AMERICAN FEDERATION
 OF GOVERNMENT EMPLOYEES, AFL-CIO (THE CHARGING PARTY AND UNION HEREIN),
 AND THE GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHORITY ENTERED
 INTO A SETTLEMENT STIPULATION (THE SETTLEMENT STIPULATION), SUBJECT TO
 APPROVAL OF THE 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 FURTHER NOTICE OF THE APPLICATION
 THEREFOR.
 
    THE SETTLEMENT STIPULATION IS HEREBY APPROVED AND MADE A PART OF THE
 RECORD HEREIN, 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 SETTLEMENT STIPULATION.  /1/
 
    UPON THE ENTIRE RECORD IN THIS CASE, INCLUDING THE SETTLEMENT
 STIPULATION, THE AUTHORITY FINDS:
 
    1.  VETERANS ADMINISTRATION MEDICAL CENTER, CANANDAIGUA, NEW YORK,
 THE RESPONDENT, IS NOW AND HAS BEEN AT ALL TIMES MATERIAL HEREIN, AN
 AGENCY WITHIN THE MEANING OF SECTION 7103(A)(3) OF THE STATUTE.
 
    2.  LOCAL 3306, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO,
 THE UNION, IS NOW AND HAS BEEN AT ALL TIMES MATERIAL HEREIN, A LABOR
 ORGANIZATION WITHIN THE MEANING OF SECTION 7103(1)(4) OF THE STATUTE.
 
                                   ORDER
 
    UPON THE BASIS OF THE ABOVE FINDINGS OF FACT, THE SETTLEMENT
 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 FEDERAL LABOR RELATIONS AUTHORITY HEREBY ORDERS THAT THE
 RESPONDENT, VETERANS ADMINISTRATION MEDICAL CENTER, CANANDAIGUA, NEW
 YORK SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) THREATENING OCCUPATIONAL THERAPISTS OR ANY OTHER EMPLOYEES WITH
 UNUSUAL TOURS OF DUTY, DENIAL OF ANNUAL LEAVE, THE IMPOSITION OF NEW
 SCHEDULES, OR ANY TYPE OF ADVERSE ACTION IN ORDER TO DISCOURAGE
 EMPLOYEES FROM ENGAGING IN UNION ACTIVITY OR FROM FILING UNFAIR LABOR
 PRACTICE CHARGES UNDER THE PROVISIONS OF THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE.
 
    (B) MAKING STATEMENTS DISPARAGING AND DEPRECATING THE REPRESENTATION
 OF OCCUPATIONAL THERAPISTS OR ANY OTHER EMPLOYEES BY UNION
 REPRESENTATIVES.
 
    (C) ORDERING UNION STEWARDS TO LEAVE MEETINGS BETWEEN EMPLOYEES AND
 MEMBERS OF MANAGEMENT CONCERNING UNFAIR LABOR PRACTICES FILED UNDER THE
 PROVISIONS OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE OF
 WHICH CONCERN PERSONNEL POLICIES AND PRACTICES OR GENERAL CONDITIONS OF
 EMPLOYMENT.
 
    (D) MAKING STATEMENTS TO OCCUPATIONAL THERAPISTS OR ANY OTHER
 EMPLOYEES THAT COMMUNICATIONS WITH THE UNION MUST GO THROUGH A
 SUPERVISOR.
 
    (E) STATING TO OCCUPATIONAL THERAPISTS OR ANY OTHER EMPLOYEES WHO
 SEEK THE ASSISTANCE OF THE UNION THAT THEY ARE DISLOYAL AND SHOULD SEEK
 EMPLOYMENT ELSEWHERE.
 
    (F) DISCRIMINATING AGAINST EMPLOYEES BY REMOVING WORK RELATED
 MATERIALS OF OCCUPATIONAL THERAPISTS;  ENGAGING IN SURVEILLANCE OF
 OCCUPATIONAL THERAPISTS OR ANY OTHER EMPLOYEES, OTHER THAN THAT REQUIRED
 FOR NORMAL SUPERVISION;  AND REFUSING TO APPOINT OCCUPATIONAL THERAPISTS
 AS ACTING CHIEFS IN ORDER TO DISCOURAGE MEMBERSHIP IN OR ACTIVITIES ON
 BEHALF OF THE UNION OR ANY OTHER LABOR ORGANIZATION OR TO DISCOURAGE
 OCCUPATIONAL THERAPISTS OR ANY OTHER EMPLOYEES FROM FILING CHARGES UNDER
 THE PROVISIONS OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
 STATUTE.
 
    (G) REFUSING TO GIVE NOTICE TO AND CONSULT, CONFER OR NEGOTIATE IN
 GOOD FAITH WITH THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 AFL-CIO, THE EXCLUSIVE REPRESENTATIVE OF ITS PROFESSIONAL EMPLOYEES,
 BEFORE ELIMINATING THE PRACTICE OF APPOINTING OCCUPATIONAL THERAPISTS AS
 ACTING CHIEFS, OR MAKING ANY CHANGE IN THE PROCEDURE OF REVIEWING THE
 WORK OF OCCUPATIONAL THERAPISTS.
 
    (H) BY-PASSING THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 AFL-CIO, THE EXCLUSIVE REPRESENTATIVE OF ITS PROFESSIONAL EMPLOYEES, OR
 ANY OTHER EXCLUSIVE REPRESENTATIVE, AND DEALING DIRECTLY WITH
 OCCUPATIONAL THERAPISTS OR ANY OTHER EMPLOYEES CONCERNING PERSONNEL
 POLICIES AND PRACTICES OR GENERAL CONDITIONS OF EMPLOYMENT.
 
    (I) CONDUCTING FORMAL DISCUSSIONS BETWEEN REPRESENTATIVES OF
 MANAGEMENT AND BARGAINING UNIT EMPLOYEES CONCERNING GRIEVANCES, UNFAIR
 LABOR PRACTICE CHARGES, PERSONNEL POLICIES AND PRACTICES, OR OTHER
 GENERAL CONDITIONS OF EMPLOYEMENT WITHOUT NOTIFYING AND AFFORDING THE
 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, THE OPPORTUNITY TO
 BE REPRESENTED AT SUCH DISCUSSIONS.
 
    (J) IN ANY OTHER MANNER INTERFERING WITH, RESTRAINING, OR COERCING
 EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE.
 
    2.  TAKE THE FOLLOWING AFFIRMATIVE ACTION WHICH THE FEDERAL LABOR
 RELATIONS AUTHORITY FINDS WILL EFFECTUATE THE POLICIES OF THE FEDERAL
 SERVICE LABOR-MANAGEMENT RELATIONS STATUTE:
 
    (A) RETURN ALL WORK RELATED MATERIALS TO OCCUPATIONAL THERAPISTS
 TAKEN FROM THEM ON AND AFTER MAY 8, 1979.
 
    (B) REINSTITUTE THE METHOD OF REVIEWING THE WORK OF OCCUPATIONAL
 THERAPISTS WHICH EXISTED ON MAY 8, 1979.
 
    (C) RESUME THE PRACTICE OF APPOINTING OCCUPATIONAL THERAPISTS TO THE
 POSITION OF ACTING CHIEF WHICH EXISTED PRIOR TO MAY 8, 1979.
 
    (D) POST AT ITS FACILITIES AT CANANDAIGUA, NEW YORK, COPIES OF THE
 ATTACHED NOTICE, MARKED "APPENDIX", ON FORMS TO BE FURNISHED BY THE
 REGIONAL DIRECTOR OF THE FEDERAL LABOR RELATIONS AUTHORITY'S REGIONAL
 OFFICE FOR REGION I.  UPON RECEIPT, SUCH FORM SHALL BE SIGNED AND DATED
 BY THE DIRECTOR OF THE MEDICAL CENTER AND SHALL BE POSTED AND MAINTAINED
 BY THE DIRECTOR FOR SIXTY (60) CONSECUTIVE DAYS THEREAFTER IN
 CONSPICUOUS PLACES, INCLUDING ALL PLACES WHERE NOTICES TO EMPLOYEES ARE
 CUSTOMARILY POSTED.  THE DIRECTOR SHALL TAKE REASONABLE STEPS TO INSURE
 THAT SUCH NOTICES ARE NOT ALTERED, DEFACED OR COVERED BY ANY OTHER
 MATERIAL;  AND ,4 (E) NOTIFY THE REGIONAL DIRECTOR OF THE FEDERAL LABOR
 RELATIONS AUTHORITY'S REGIONAL OFFICE FOR REGION I IN WRITING, WITHIN
 THIRTY (30) DAYS FROM THE DATE OF THIS ORDER AS TO WHAT STEPS HAVE BEEN
 TAKE TO COMPLY HEREWITH.
 
    ISSUED, WASHINGTON, D.C., JULY 10, 1980
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
                               SERVICE SHEET
 
    COPIES OF THE AUTHORITY'S ORDER OF JULY 10, 1980, IN CASE NOS.
 1-CA-47, 62, 123, 249, 257, AND 264 SENT TO THE FOLLOWING:
 
    MR. J. CLAUDE CURTIN
 
    EXECUTIVE VICE-PRESIDENT, LOCAL 3306
 
    AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO
 
    VETERANS ADMINISTRATION MEDICAL CENTER
 
    FORT HILL AVENUE
 
    CANANDAIGUA, NEW YORK 14424
 
    MR. DEWAYNE C. ROBERTSON
 
    DIRECTOR
 
    VETERANS ADMINISTRATION MEDICAL CENTER
 
    FORT HILL AVENUE
 
    CANANDAIGUA, NEW YORK 14424
 
    MR. EDWARD S. DAVIDSON
 
    REGIONAL DIRECTOR, REGION I
 
    FEDERAL LABOR RELATIONS AUTHORITY
 
    441 STUART STREET, 8TH FLOOR
 
    BOSTON, MASSACHUSETTS 02116
 
                                APPENDIX A
 
                          NOTICE TO ALL EMPLOYEES
 
                                PURSUANT TO
 
                              AN 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:
 
    THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE GIVES
 EMPLOYEES OF THIS AGENCY THE FOLLOWING RIGHTS:
 
    TO FORM, JOIN, OR ASSIST ANY LABOR ORGANIZATION;
 
    TO ACT FOR A LABOR ORGANIZATION IN THE CAPACITY OF A REPRESENTATIVE;
 
    TO PRESENT THE VIEWS OF THE LABOR ORGANIZATION, IN SAID CAPACITY, TO
 HEADS OF AGENCIES AND
 
    OTHER OFFICIALS OF THE EXECUTIVE BRANCH OF THE GOVERNMENT, THE
 CONGRESS OR OTHER APPROPRIATE
 
    AUTHORITIES;
 
    TO ENGAGE IN COLLECTIVE BARGAINING WITH RESPECT TO CONDITIONS OF
 EMPLOYMENT THROUGH
 
    REPRESENTATIVES CHOSEN BY EMPLOYEES UNDER THIS STATUTE;  OR
 
    TO REFRAIN FROM ANY OF THE ACTIVITIES SET FORTH ABOVE, FREELY AND
 WITHOUT FEAR OF PENALTY
 
    OR REPRISAL.
 
    THIS AGENCY WILL NOT VIOLATE ANY OF THESE RIGHTS.  MORE SPECIFICALLY,
 
    WE WILL NOT THREATEN OCCUPATIONAL THERAPISTS OR ANY OTHER EMPLOYEES
 WITH UNUSUAL TOURS OF DUTY, DENIAL OF ANNUAL LEAVE, THE IMPOSITION OF
 NEW SCHEDULES, OR ANY TYPE OF ADVERSE ACTION IN ORDER TO DISCOURAGE
 EMPLOYEES FROM ENGAGING IN ACTIVITY FOR OR ON BEHALF OF THE AMERICAN
 FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO OR FROM FILING UNFAIR LABOR
 PRACTICE CHARGES UNDER THE PROVISIONS OF THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE.
 
    WE WILL NOT MAKE STATEMENTS DISPARAGING AND DEPRECATING THE
 REPRESENTATION OF OCCUPATIONAL THERAPISTS OR ANY OTHER EMPLOYEES BY
 UNION REPRESENTATIVES.
 
    WE WILL NOT ORDER UNION STEWARDS TO LEAVE MEETINGS BETWEEN EMPLOYEES
 AND MEMBERS OF MANAGEMENT CONCERNING UNFAIR LABOR PRACTICE CHARGES FILED
 UNDER THE PROVISIONS OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
 STATUTE OR WHICH CONCERN PERSONNEL POLICIES AND PRACTICES OR GENERAL
 CONDITIONS OF EMPLOYMENT.
 
    WE WILL NOT MAKE STATEMENTS TO OCCUPATIONAL THERAPISTS OR ANY OTHER
 EMPLOYEES THAT COMMUNICATIONS WITH A UNION MUST GO THROUGH A SUPERVISOR.
 
    WE WILL NOT MAKE STATEMENTS TO OCCUPATIONAL THERAPISTS OR ANY OTHER
 EMPLOYEES WHO SEEK THE ASSISTANCE OF A UNION THAT THEY ARE DISLOYAL AND
 SHOULD SEEK EMPLOYMENT ELSEWHERE.
 
    WE WILL NOT REMOVE WORK RELATED MATERIAL FROM OCCUPATIONAL
 THERAPISTS;  ENGAGE IN SURVEILLANCE OF OCCUPATIONAL THERAPISTS, OTHER
 THAN THAT REQUIRED FOR NORMAL SUPERVISION;  REFUSE TO APPOINT
 OCCUPATIONAL THERAPISTS AS ACTING CHIEFS, OR DISCRIMINATE IN ANY WAY
 AGAINST OCCUPATIONAL THERAPISTS OR ANY OTHER EMPLOYEES IN ORDER TO
 DISCOURAGE MEMBERSHIP IN OR ACTIVITIES ON BEHALF OF THE AMERICAN
 FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, OR ANY OTHER LABOR
 ORGANIZATION OR IN ORDER TO DISCOURAGE OCCUPATIONAL THERAPISTS OR ANY
 OTHER EMPLOYEES FROM FILING CHARGES UNDER THE PROVISIONS OF THE FEDERAL
 SERVICE LABOR-MANAGEMENT RELATIONS STATUTE.
 
    WE WILL GIVE NOTICE TO AND CONSULT, CONFER OR NEGOTIATE IN GOOD FAITH
 WITH THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, THE
 EXCLUSIVE REPRESENTATIVE OF OUR PROFESSIONAL EMPLOYEES, BEFORE
 ELIMINATING THE PRACTICE OF APPOINTING OCCUPATIONAL THERAPISTS AS ACTING
 CHIEFS, OR MAKING ANY CHANGE IN THE PROCEDURE OF REVIEWING THE WORK OF
 OCCUPATIONAL THERAPISTS.
 
    WE WILL NOT BY-PASS THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 AFL-CIO, THE EXCLUSIVE REPRESENTATIVE OF OUR PROFESSIONAL EMPLOYEES, OR
 ANY OTHER EXCLUSIVE REPRESENTATIVE AND DEAL DIRECTLY WITH EMPLOYEES
 CONCERNING PERSONNEL POLICIES AND PRACTICES OR GENERAL CONDITIONS OF
 EMPLOYMENT.
 
    WE WILL NOT CONDUCT FORMAL DISCUSSIONS BETWEEN REPRESENTATIVES OF
 MANAGEMENT AND BARGAINING UNIT EMPLOYEES CONCERNING GRIEVANCES, UNFAIR
 LABOR PRACTICE CHARGES, PERSONNEL POLICIES AND PRACTICES, OR OTHER
 GENERAL CONDITIONS OF EMPLOYEMENT WITHOUT NOTIFYING AND AFFORDING THE
 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, THE OPPORTUNITY TO
 BE REPRESENTED AT SUCH DISCUSSIONS.
 
    WE WILL RETURN ALL WORK RELATED MATERIALS TO OCCUPATIONAL THERAPISTS
 TAKEN FROM THEM ON OR AFTER MAY 8, 1979, AS A RESULT OF OUR
 DISCRIMINATION AGAINST THEM FOR ENGAGING IN UNION ACTIVITY AND FOR
 FILING UNFAIR LABOR PRACTICE CHARGES UNDER THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE.
 
    WE WILL REINSTITUTE THE PROCEDURE FOR REVIEWING THE WORK OF
 OCCUPATIONAL THERAPISTS WHICH EXISTED ON MAY 8, 1979, AND WE WILL RESUME
 THE PRACTICE OF APPOINTING OCCUPATIONAL THERAPISTS TO THE POSITION OF
 ACTING CHIEF WHICH EXISTED PRIOR TO MAY 8, 1979.
 
    WE WILL NOT IN ANY OTHER MANNER INTERFERE WITH, RESTRAIN OR COERCE
 OUR EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY THE FEDERAL
 SERVICE LABOR-MANAGEMENT RELATIONS STATUTE.
 
                           (AGENCY OR ACTIVITY)
 
    DATED... BY (SIGNATURE) (TITLE)
 
    THIS NOTICE MUST REMAIN POSTED FOR SIXTY (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