32:0832(124)CA - - VA Medical Center, Leavenworth, KS and AFGE Local 85 - - 1988 FLRAdec CA - - v32 p832
[ v32 p832 ]
The decision of the Authority follows:
32 FLRA No. 124
UNITED STATES OF AMERICA
FEDERAL LABOR RELATIONS AUTHORITY
VETERANS ADMINISTRATION MEDICAL
CENTER, LEAVENWORTH, KANSAS
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 85
Case No. 7-CA-70076
DECISION AND ORDER
The Administrative Law Judge issued the attached decision in the above-entitled proceeding, finding that the Respondent had violated section 7116(a)(1) and (5) of the Federal Service Labor-Management Relations Statute (the Statute) by refusing to bargain concerning its decision to change the starting and quitting times of a unit employee. The Respondent filed exceptions to the Judge's Decision and the General Counsel filed an opposition to the Respondent's exceptions.
Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Statute, we have reviewed the rulings of the Judge and find that no prejudicial error was committed. The rulings are hereby affirmed. Upon consideration of the Judge's Decision and the entire record, we adopt the Judge's findings, conclusions, and recommended Order.
We find, in agreement with the Judge, that the Respondent's refusal to bargain concerning its decision to change the starting and quitting times of a housekeeping aide violated the Statute. See Department of the Air Force, Ogden Air Logistics Center, Hill Air Force Base, Utah, 32 FLRA 277, 279 (1988) (agency obligated to bargain concerning decision to change employees' starting and quitting times by 1 hour); Veterans Administration, West Los Angeles Medical Center, Los Angeles, California, 23 FLRA 278, 281, 299 (1986) (agency obligated to bargain concerning decision to change by 1 hour the starting and quitting times for housekeepers' existing duty hours); Veterans Administration, Washington, D.C. and Veterans Administration Medical Center and Regional Office, Sioux Falls, South Dakota, 23 FLRA 122, 125, 132-33 (1986) (agency obligated to bargain over 1-hour change in laundry employee's starting and quitting times; employee's job duties did not change and he continued working with same employees).
Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Federal Service Labor-Management Relations Statute, the Veterans Administration Medical Center, Leavenworth, Kansas shall:
1. Cease and desist from:
(a) Unilaterally instituting any change in the starting and quitting times of its employees without affording the American Federation of Government Employees, Local 85, AFL-CIO, the exclusive bargaining representative of its employees, the opportunity to negotiate with respect to any proposed changes.
(b) In any like or related manner, interfering with, restraining, or coercing its employees in the exercise of the rights assured them by the Statute.
2. Take the following affirmative action in order to effectuate the purposes and policies of the Statute:
(a) Upon request, reestablish the previous starting and quitting times for employee Eric Wells and afford the American Federation of Government Employees, Local 85, AFL-CIO, the exclusive bargaining representative of its employees, the opportunity to negotiate with respect to any proposed changes.
(b) Post at its facilities in the Veterans Administration Medical Center, Leavenworth, Kansas copies of the attached Notice on forms to be furnished by the Federal Labor Relations Authority. Upon receipt of such forms, they shall be signed by the Director of the Medical Center, and shall be posted and maintained for 60 consecutive days in conspicuous places, including all bulletin boards and other places where notices to employees are customarily posted. Reasonable steps shall be taken to ensure that such Notices are not altered, defaced, or covered by any other material.
(c) Pursuant to section 2423.30 of the Authority's Rules and Regulations, notify the Regional Director, Region VII, Federal Labor Relations Authority, in writing, within 30 days from the date of this Order as to what steps have been taken to comply.
Issued, Washington, D.C.,
Jerry L. Calhoun, Chairman
Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY
NOTICE TO ALL EMPLOYEES
AS ORDERED BY THE FEDERAL LABOR RELATIONS AUTHORITY
AND TO EFFECTUATE THE POLICIES OF THE
FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE
WE NOTIFY OUR EMPLOYEES THAT: