44:0408(35)CA - - VA, DEPT. of VAMC, Denver, CO and AFGE Local 2241 - - 1992 FLRAdec CA - - v44 p408
[ v44 p408 ]
The decision of the Authority follows:
44 FLRA No. 35
FEDERAL LABOR RELATIONS AUTHORITY
DEPARTMENT OF VETERANS AFFAIRS
DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2241
DECISION AND ORDER
March 17, 1992
Before Chairman McKee and Members Talkin and Armendariz.
I. Statement of the Case
The Administrative Law Judge issued the attached decision finding that the Respondent violated section 7116(a)(1) and (8) of the Federal Service Labor-Management Relations Statute (the Statute) by failing to afford the Union an opportunity to be present during interviews of bargaining unit employees conducted by the Respondent in preparation for a Merit Systems Protection Board hearing. The Judge granted the General Counsel's motion for summary judgment and recommended that the Respondent be ordered to take appropriate remedial action. The Respondent filed exceptions to the Judge's decision and the General Counsel filed an opposition to the Respondent's exceptions.
Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Statute, we have reviewed the Judge's rulings and find that no prejudicial error was committed. We affirm the rulings. On consideration of the Judge's decision and the entire record, we adopt the Judge's findings, conclusions and recommended Order for the reasons fully set forth in Veterans Administration Medical Center, Long Beach, California, 41 FLRA 1370 (1991), petition for review filed sub nom. Department of Veterans Affairs Medical Center, Long Beach, California v. FLRA, No. 91-70640 (9th Cir. Oct. 23, 1991).
Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Statute, the Department of Veterans Affairs, Department of Veterans Affairs Medical Center, Denver, Colorado, shall:
l. Cease and desist from:
(a) Conducting formal discussions with employees in the bargaining unit exclusively represented by the American Federation of Government Employees, Local 2241, concerning grievances or any personnel policies or practices or other general conditions of employment, without affording the Union prior notice and the opportunity to be represented at such formal discussions.
(b) In any like or related manner, interfering with, restraining, or coercing its employees in the exercise of their rights assured them 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 where bargaining unit employees represented by the American Federation of Government Employees, Local 2241 are located, copies of the attached Notice on forms to be furnished by the Federal Labor Relations Authority. Upon receipt of such forms, they shall be signed by the Director and shall be posted and maintained for 60 consecutive days thereafter, in conspicuous places, including all bulletin boards and other places where notices are customarily posted. Reasonable steps shall be taken to ensure that such notices are not altered, defaced, or covered by any other material.
(b) Pursuant to section 2423.30 of the Authority's Rules and Regulations, notify the Regional Director, Denver Regional Office, Federal Labor Relations Authority, in writing, within 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:
WE WILL NOT conduct formal discussions with employees in the bargaining unit exclusively represented by