Veterans Administration, Audie L. Murphy Memorial Veterans Hospital, San Antonio, Texas (Respondent) and American Federation of Government Employees, Local 3511, AFL-CIO (Charging Party)



[ v07 p562 ]
07:0562(86)CA
The decision of the Authority follows:


 7 FLRA No. 86
 
 VETERANS ADMINISTRATION
 AUDIE L. MURPHY MEMORIAL
 VETERANS HOSPITAL, SAN
 ANTONIO, TEXAS
 Respondent
 
 and
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES,
 LOCAL 3511, AFL-CIO
 Charging Party
 
                                            Case Nos. 6-CA-465
                                                      6-CA-824
                                                      6-CA-826
 
                ORDER APPROVING FORMAL SETTLEMENT AGREEMENT
 
    ON AUGUST 24, 1981, THE VETERANS ADMINISTRATION, AUDIE L. MURPHY
 MEMORIAL VETERANS HOSPITAL, SAN ANTONIO, TEXAS (THE RESPONDENT), THE
 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 3511, AFL-CIO (THE
 CHARGING PARTY), AND THE GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS
 AUTHORITY ENTERED INTO A 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.
 
    UPON THE ENTIRE RECORD IN THIS CASE, INCLUDING THE SETTLEMENT
 STIPULATION, THE AUTHORITY FINDS:
 
    1.  VETERANS ADMINISTRATION, AUDIE L. MURPHY MEMORIAL VETERANS
 HOSPITAL, SAN ANTONIO, TEXAS, THE RESPONDENT, IS NOW AND HAS BEEN AT ALL
 TIMES MATERIAL HEREIN, AN AGENCY WITHIN THE MEANING OF SEC. 7103(A)(3)
 OF THE STATUTE.
 
    2.  AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 3511, AFL-CIO,
 THE UNION, IS NOW AND HAS BEEN AT ALL TIMES MATERIAL HEREIN, A LABOR
 ORGANIZATION WITHIN THE MEANING OF SEC. 7103(A)(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
 SEC. 7105(A)(2)(G) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
 STATUTE, THE FEDERAL LABOR RELATIONS AUTHORITY HEREBY ORDERS THAT THE
 RESPONDENT, VETERANS ADMINISTRATION, AUDIE L. MURPHY MEMORIAL VETERANS
 HOSPITAL, SAN ANTONIO, TEXAS, SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) INTERFERING WITH, RESTRAINING OR COERCING EMPLOYEES IN THE
 EXERCISE OF RIGHTS GUARANTEED BY 5 USC 7102 BY UNILATERALLY RESTRICTING
 THE AMOUNT OF OFFICIAL TIME GRANTED TO THE UNION'S CHIEF STEWARD BY
 PLACING AN ARBITRARY LIMIT PER DAY ON THE TIME USED TO ENGAGE IN
 REPRESENTATIONAL DUTIES ON BEHALF OF THE UNION.
 
    (B) FAILING AND REFUSING TO BARGAIN IN GOOD FAITH WITH THE UNION AS
 THE EXCLUSIVE BARGAINING REPRESENTATIVE BY UNILATERALLY INSTITUTING A
 CHANGE IN THE AMOUNT OF OFFICIAL TIME GRANTED UNION REPRESENTATIVES BY
 PLACING AN ARBITRARY LIMIT PER DAY ON THE TIME USED TO ENGAGE IN
 REPRESENTATIONAL FUNCTIONS WITHOUT AFFORDING THE UNION NOTICE OR AN
 OPPORTUNITY TO BARGAIN OVER SAID CHANGE.
 
    (C) FAILING AND REFUSING TO BARGAIN IN GOOD FAITH WITH THE UNION AS
 THE EXCLUSIVE BARGAINING REPRESENTATIVE BY UNILATERALLY IMPLEMENTING A
 CHANGE IN UNIT EMPLOYEES WORKING CONDITIONS WHEREBY THE PRACTICE OF
 ALLOWING LAUNDRY EMPLOYEES TO EAT IN THE LAUNDRY DIVISION WAS
 DISCONTINUED WITHOUT AFFORDING THE UNION NOTICE OR AN OPPORTUNITY TO
 BARGAIN CONCERNING THE IMPACT AND IMPLEMENTATION OF SAID CHANGE.
 
    (D) FAILING AND REFUSING TO BARGAIN IN GOOD FAITH WITH THE UNION BY
 CONDUCTING FORMAL DISCUSSIONS WITHIN THE MEANING OF 5 USC 7114(A)(2)(A)
 WITH UNIT EMPLOYEES CONCERNING A CHANGE IN THE WORKING CONDITIONS OF
 EMPLOYEES IN THE LAUNDRY DIVISION WITHOUT AFFORDING THE UNION AN
 OPPORTUNITY TO BE PRESENT.
 
    (E) REFUSING TO COMPLY WITH THE PROVISIONS OF 5 USC 7114(A)(2) (A) BY
 CONDUCTING FORMAL DISCUSSIONS WITH UNIT EMPLOYEES WITHOUT AFFORDING THE
 UNION AN OPPORTUNITY TO BE PRESENT.
 
    (F) IN LIKE OR RELATED MANNER INTERFERING WITH, RESTRAINING OR
 COERCING EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS AS ASSURED BY THE
 STATUTE.
 
    2.  TAKE THE FOLLOWING AFFIRMATIVE ACTIONS WHICH THE FEDERAL LABOR
 RELATIONS AUTHORITY FINDS WILL EFFECTUATE THE POLICIES OF THE FEDERAL
 SERVICE LABOR-MANAGEMENT RELATIONS STATUTE:
 
    (A) RESCIND THE POLICY CONCERNING THE AMOUNT OF OFFICIAL TIME GRANTED
 TO UNION REPRESENTATIVES TO ENGAGE IN REPRESENTATIONAL DUTIES ON BEHALF
 OF THE UNION.
 
    (B) RESCIND THE UNILATERALLY ESTABLISHED POLICY CONCERNING WORKING
 CONDITIONS OF LAUNDRY EMPLOYEES.
 
    (C) NOTIFY AND UPON REQUEST AFFORD THE UNION AN OPPORTUNITY TO
 BARGAIN TO THE EXTENT CONSONANT WITH LAW AND REGULATION CONCERNING ANY
 CHANGE IN TERMS AND CONDITIONS OF EMPLOYMENT.
 
    (D) POST AT ITS FACILITIES AT SAN ANTONIO, TEXAS COPIES OF THE.NOTICE
 ATTACHED HERETO AS APPENDIX A ON FORMS TO BE FURNISHED BY THE REGIONAL
 DIRECTOR.  UPON RECEIPT, SUCH FORMS SHALL BE SIGNED AND DATED BY JOSE R.
 CORONADO, DIRECTOR, AND SHALL BE POSTED AND MAINTAINED BY R. T. DACUS,
 CHIEF, PERSONNEL SERVICE, FOR SIXTY (6