33:0349(45)NG - - NFFE, Council of VA Locals and VA - - 1988 FLRAdec NG - - v33 p349
[ v33 p349 ]
The decision of the Authority follows:
33 FLRA No. 45
FEDERAL LABOR RELATIONS AUTHORITY
NATIONAL FEDERATION OF FEDERAL EMPLOYEES
COUNCIL OF VETERANS ADMINISTRATION LOCALS
(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).
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