American Federation of Government Employees, Local 491, AFL-CIO (Union) and Veterans Administration Medical Center, Bath, New York (Agency) 

 



[ v04 p358 ]
04:0358(45)NG
The decision of the Authority follows:


 4 FLRA No. 45
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 491
 Union
 
 and
 
 VETERANS ADMINISTRATION MEDICAL CENTER,
 BATH, NEW YORK
 Agency
 
                                            Case No. O-NG-264
 
                DECISION AND ORDER ON NEGOTIABILITY APPEAL
 
    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.).
 
    THE RECORD IN THIS CASE SHOWS THAT IN 1971 THE VETERANS
 ADMINISTRATION ESTABLISHED A POLICY OF NOT PROVIDING FREE NOONTIME MEANS
 TO MEDICAL OFFICERS OF THE DAY DURING THE STANDARD 8:00 A.M.-- 4:30
 P.M., MONDAY THROUGH FRIDAY WORKWEEK.  THIS POLICY WAS NOT IMPLEMENTED
 BY THE MEDICAL CENTER, BATH, N.Y.  THE MEDICAL CENTER WAS INSTRUCTED TO
 DO SO IN 1979 BY THE VETERANS ADMINISTRATION WITH THE ISSUANCE OF A
 PROFESSIONAL LETTER.  PURSUANT THERETO, THE DIRECTOR OF THE MEDICAL
 CENTER ISSUED A MEMORANDUM DATED JANUARY 11, 1980, IMPLEMENTING THE
 AFOREMENTIONED POLICY.  IN THIS CONNECTION, IT APPEARS THAT THE PARTIES
 ARE IN DISAGREEMENT CONCERNING WHETHER MEDICAL OFFICERS OF THE DAY ARE
 ASSIGNED TO STANDARD (9 HOUR) OR IRREGULAR (24 HOUR) SHIFTS FOR PURPOSES
 OF THE POLICY.
 
    THE UNION MADE A REQUEST TO NEGOTIATE WITH THE AG