39:0388(28)CA - - VA Medical Center, Memphis, TN and NAGE Local R5-66 - - 1991 FLRAdec CA - - v39 p388

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39 FLRA No. 28

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

VETERANS ADMINISTRATION MEDICAL CENTER

MEMPHIS, TENNESSEE

(Respondent/Agency)

and

NATIONAL ASSOCIATION OF GOVERNMENT

EMPLOYEES, LOCAL R5-66

(Charging Party/Union)

4-CA-00035

DECISION AND ORDER

February 7, 1991

Before Chairman McKee and Members Talkin and Armendariz.

I. Statement of the Case

The Administrative Law Judge issued the attached decision in the above-entitled proceeding finding that the Respondent violated section 7116(a)(1) of the Federal Service Labor-Management Relations Statute (the Statute) when a supervisor told a bargaining unit employee that the employee could no longer be trusted because the employee had participated in the filing of an unfair labor practice charge. The Respondent filed exceptions to the Judge's Decision and the General Counsel filed an opposition to the exceptions.

The Respondent excepts to the Judge's conclusion that the supervisor's statement violated section 7116(a)(1) of the Statute. We have examined the entire record and, for the reasons stated by the Judge, we agree with the Judge's conclusion.

Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Statute, we have reviewed the rulings of the Judge made at the hearing and find that no prejudicial error was committed. We affirm the rulings. Upon consideration of the Judge's Decision and the entire record, we adopt the Judge's findings, conclusions and recommended Order.

II. Order

Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Federal Service Labor-Management Relations Statute, the Veterans Administration Medical Center, Memphis, Tennessee shall:

1. Cease and desist from:

(a) Telling any employee that because he or she participated in the