38:1063(88)CA - - VA, Regional Office and Outpatient Clinic, Anchorage, AK and AFGE Local 3028 - - 1990 FLRAdec CA - - v38 p1063



[ v38 p1063 ]
38:1063(88)CA
The decision of the Authority follows:


38 FLRA No. 88

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF VETERANS AFFAIRS

REGIONAL OFFICE AND OUTPATIENT CLINIC

ANCHORAGE, ALASKA

(Respondent)

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 3028

(Charging Party)

9-CA-00178

9-CA-00494

ORDER APPROVING FORMAL SETTLEMENT AGREEMENT

December 13, 1990

Before Chairman McKee and Members Talkin and Armendariz.

On October 25, 1990, Department of Veterans Affairs, Regional Office and Outpatient Clinic, Anchorage, Alaska (Respondent) and American Federation of Government Employees, Local 3028, AFL-CIO (Charging Party) entered into a settlement stipulation (Stipulation), approved on October 29, 1990 by the San Francisco Regional Director on behalf of the General Counsel, subject also to approval by the Federal Labor Relations Authority, providing for the entry of a consent order by the Authority and a consent judgment by any appropriate United States Court of Appeals. The parties waived all further and other proceedings before the Authority to which they may be entitled under the Federal Service Labor-Management Relations Statute and the Rules and Regulations of the Authority. The Respondent waived its right to contest the entry of a consent judgment and to receive notice of the filing of an application for the entry of such decree.

The Stipulation is hereby approved and made a part of the record in this case, and the proceeding is hereby transferred to and continued before the Authority in Washington, D.C., for the entry of an Order pursuant to the provisions of the subject Stipulation.

Upon the entire record in this case, including the Stipulation, the Authority finds:

1. Department of Veterans Affairs, Regional Office and Outpatient Clinic, Anchorage, Alaska, the Respondent, is now and has been at all time material to this case, an agency within the meaning of section 7103(a)(3) of the Statute.

2. American Federation of Government Employees, Local 3028, AFL-CIO, the Union, is now and has been at all times material to this case, a labor organization within the meaning of section 7103(a)(4) of the Statute.

ORDER

Based upon the above findings, the Stipulation, and the entire record in the proceedings, and pursuant to section 7105(a)(2)(G) of the Federal Service Labor-Management Relations Statute, the Authority hereby orders that the Respondent, Department of Veterans Affairs, Regional Office and Outpatient Clinic, Anchorage, Alaska shall:

1. Cease and desist from:

(a) Breaching its duty to provide the Union with adequate notice and an opportunity to be represented at formal discussions.

(b) In any like or related manner interfering with, restraining or coercing employees in the exercise of their rights guaranteed by the Statute.

2. Take the following affirmative action in order to effectuate the purposes and policies of the Statute:

(a) Post at its facilities at the Regional Office and Outpatient Clinic, Anchorage, Alaska, copies of the attached Notice, marked "Appendix," on forms to be furnished by the Regional Director, Region IX, Federal Labor Relations Authority. Upon receipt, such forms shall be signed and dated by the Director, Regional Office and Outpatient Clinic, Anchorage, Alaska, and shall be posted and maintained by the Personnel Officer for 60 consecutive days thereafter in conspicuous places, including all places where notices to employees are customarily posted. The Personnel Officer shall take reasonable steps to insure that such notices are not altered, defaced or covered by any other material; and

(b) Notify the Regional Director, Region IX, Federal Labor Relations Authority, in writing, within thirty (30) days from the date of this Order, as to what steps have been taken to comply.

NOTICE TO ALL EMPLOYEES

AS ORDERED BY THE FEDERAL LABOR RELATIONS AUTHORITY

AND TO EFFECTUATE THE POLICIES OF THE

FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE

WE NOTIFY OUR EMPLOYEES THAT:

The Federal Service Labor-Management Relations Statute guarantees certain rights, including the right of the Ameri