33:0290(35)NG - - NFFE Local 1798 and VA Medical Center, Martinsburg, WV - - 1988 FLRAdec NG - - v33 p290



[ v33 p290 ]
33:0290(35)NG
The decision of the Authority follows:


33 FLRA No. 35

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

NATIONAL FEDERATION OF FEDERAL EMPLOYEES

LOCAL 1798

and

VETERANS ADMINISTRATION MEDICAL CENTER

MARTINSBURG, WEST VIRGINIA

0-NG-1183

(27 FLRA 239)

DECISION AND ORDER ON NEGOTIABILITY ISSUES ON REMAND

October 24, 1988

Before Chairman Calhoun and Member McKee.

I. Statement of the Case

This case is before the Authority on remand from the United States Court of Appeals for the District of Columbia Circuit. Veterans Administration Medical Center v. FLRA, No. 87-1342 (D.C. Cir. Sept. 27, 1988). The court granted the Authority's motion to remand the case to allow the Authority to further consider its decision in light of the court's decision in Colorado Nurses Association v. FLRA, 851 F.2d 1486 (D.C. Cir. 1988).

II. Background

On May 29, 1987, the Authority issued its decision and order on negotiability issues in National Federation of Federal Employees, Local 1798 and Veterans Administration Medical Center, Martinsburg, West Virginia, 27 FLRA 239 (1987) (VAMC, Martinsburg). The collective bargaining proposals at issue in VAMC, Martinsburg concerned, among other things, off-duty conduct, annual leave, performance appraisals, the quality of worklife program, workweek, hours of work, flexitime, overtime, and reassignment relating to professional medical employees in the Department of Medicine and Surgery (DM&S).

Th