33:0417(56)CA - - VA, VA Medical Center, Muskogee, OK and AFGE Local 2250 - - 1988 FLRAdec CA - - v33 p417



[ v33 p417 ]
33:0417(56)CA
The decision of the Authority follows:


33 FLRA No. 56

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

VETERANS ADMINISTRATION

VETERANS ADMINISTRATION MEDICAL CENTER

MUSKOGEE, OKLAHOMA

(Respondent)

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

AFL-CIO, LOCAL 2250

(Charging Party)

6-CA-50105, 6-CA-50106

(25 FLRA 875)

DECISION AND ORDER 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. See Veterans Administration, Veterans Administration Medical Center, Oklahoma v. FLRA, No. 87-1693 (D.C. Cir. Sept. 27, 1988). The court granted the Authority's motion to remand the case 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 20, 1987, the Authority issued its decision and order in Veterans Administration, Veterans Administration Medical Center, Muskogee, Oklahoma, 25 FLRA 875 (1987) (VAMC, Muskogee). In VAMC, Muskogee, the Authority held that the Respondent violated section 7116(a)(1) and (5) of the Federal Service Labor-Management Relations Statute (the Statute) by failing to give the American Federation