Overseas Education Association (Union) and Department of Defense, Office of Dependents Schools (Agency)

 



[ v04 p3 ]
04:0003(1)AR
The decision of the Authority follows:


 04 FLRA No. 1
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES
 LOCAL 3669, AFL-CIO
 Union
 
 and
 
 VETERANS ADMINISTRATION
 MEDICAL CENTER,
 MINNEAPOLIS, MINNESOTA
 Activity
 
                                            Case No. O-NG-142
                                             4 FLRA NO. 53
 
                  DECISION ON MOTION FOR RECONSIDERATION
 
    THIS MATTER IS BEFORE THE AUTHORITY ON A REQUEST FILED BY THE AGENCY
 FOR RECONSIDERATION OF THE AUTHORITY'S DECISION IN THE ABOVE-ENTITLED
 CASE.  THE UNION FILED AN OPPOSITION.
 
    THE QUESTION BEFORE THE AUTHORITY IN THE SUBJECT CASE WAS WHETHER THE
 UNION PROPOSALS CONCERNING DISCIPLINARY AND ADVERSE ACTIONS WERE
 INCONSISTENT WITH FEDERAL LAW, SPECIFICALLY, 38 U.S.C. 4110, AND
 THEREFORE NOT WITHIN THE DUTY BARGAIN.  THE AGENCY CONTENDED THAT THE
 PROPOSALS CONFLICTED WITH THE STATUTORY PROCEDURE PROVIDED BY SECTION
 4110 FOR DISCIPLINARY MATTERS RELATING TO VETERANS ADMINISTRATION (VA)
 DEPARTMENT OF MEDICINE AND SURGERY (DM&S) EMPLOYEES.  THE AGENCY ALSO
 CONTENDED THAT THE SPECIFIC STATUTORY SYSTEM OF DISCIPLINE ESTABLISHED
 FOR THESE EMPLOYEES BY TITLE 38 IS EXCLUSIVE AND PRECLUDES DISCIPLINARY
 GRIEVANCES OF DM&S EMPLOYEES FROM THE PERMISSIBLE COVERAGE OF A
 GRIEVANCE PROCEDURE NEGOTIATED UNDER SECTION 7121 OF THE STATUTE.
 
    IN 4 FLRA NO. 53 (1980), THE AUTHORITY REJECTED BOTH OF THE AGENCY'S
 CONTENTIO