33:0349(45)NG - - NFFE, Council of VA Locals and VA - - 1988 FLRAdec NG - - v33 p349



[ v33 p349 ]
33:0349(45)NG
The decision of the Authority follows:


33 FLRA No. 45

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

NATIONAL FEDERATION OF FEDERAL EMPLOYEES

COUNCIL OF VETERANS ADMINISTRATION LOCALS

and

VETERANS ADMINISTRATION

0-NG-1273

(31 FLRA 360)

DECISION AND ORDER ON NEGOTIABILITY ISSUES ON REMAND

October 26, 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 v. FLRA, No. 88-1314 (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 February 23, 1988, the Authority issued its decision and order on negotiability issues in National Federation of Federal Employees, Council of Veterans Administration Locals and Veterans Administration, 31 FLRA 360 (1988) (Veterans Administration). The collective bargaining proposals at issue in Veterans Administration concerned, among other things, promotions and assignments, annual and sick leave, excused absences, proficiency ratings, disciplinary actions, tours of duty, overtime, staffing adjustments, and training relating to professional medical employees in the Department of Medicine and Surgery (DM&S).

The Veterans Administration (VA) contende