33:0409(54)NG - - AFGE Local 3884 and VA Medical and Regional Office Center, Fargo, ND - - 1988 FLRAdec NG - - v33 p409



[ v33 p409 ]
33:0409(54)NG
The decision of the Authority follows:


33 FLRA No. 54

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 3884

AFL-CIO

and

VETERANS ADMINISTRATION MEDICAL

AND REGIONAL OFFICE CENTER

FARGO, ND

0-NG-1388

(30 FLRA 10)

DECISION AND ORDER ON NEGOTIABILITY ISSUES ON REMAND

October 27, 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 & Regional Office Center, Fargo, North Dakota v. FLRA, No. 88-1010 (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 November 10, 1987, the Authority issued its decision and order on negotiability issues in American Federation of Government Employees, Local 3884, AFL-CIO and Veterans Administration Medical and Regional Office Center, Fargo, ND, 30 FLRA 10 (1987) (VAMC, Fargo). The collective bargaining proposals at issue in VAMC, Fargo concerned the leave use of nurses in the Department of Medi