44:0842(69)CA - - VAMC, Chillicothe, OH and AFGE - - 1992 FLRAdec CA - - v44 p842

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44:0842(69)CA
The decision of the Authority follows:


44 FLRA No. 69

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

DEPARTMENT OF VETERANS AFFAIRS

MEDICAL CENTER

CHILLICOTHE, OHIO

(Respondent)

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

AFL-CIO

(Charging Party/Union)

5-CA-10635

DECISION AND ORDER

April 16, 1992

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), (5) and (8) of the Federal Service Labor-Management Relations Statute (the Statute) by failing and refusing to furnish the Charging Party with the requested names and home addresses of bargaining unit employees represented by the Charging Party. 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. The General Counsel did not file 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 rulings of the Judge and find that no prejudicial error was committed. The rulings are hereby affirmed. Upon consideration of the Judge's decision, the exceptions, and the entire record, we adopt the Judge's findings, conclusions, and recommended Order for the reasons fully set forth in U.S. Department of the Navy, Portsmouth Naval Shipyard, Portsmouth, New Hampshire, 37 FLRA 515 (1990) (Portsmouth Naval Shipyard), enforcement denied sub nom. FLRA v. U.S. Department of the Navy, Portsmouth Naval Shipyard, Portsmouth, New Hampshire, 941 F.2d 49 (1st Cir. 1991) (FLRA v. Portsmouth Naval Shipyard).

We note that in FLRA v. U.S. Department of the Navy, Navy Ships Parts Control Center, et al., 944 F.2d 1088 (3d Cir. 1991) (Navy Ships Parts Control), a divided Court of Appeals for the Third Circuit denied the Authority's petition for enforcement of U.S. Department of the Navy, Navy Ships Parts Control Center and Navy Fleet Material Support Office and NAVSEA Logistics Center and Navy Publishing and Printing Service, 37 FLRA 722 (1990), in which the Authority relied on Portsmouth Naval Shipyard. On November 5, 1991, the panel's decision in Navy Ships Parts Control was vacated and the Authority's petition for rehearing en banc was granted. On January 24, 1992, a majority of the panel in the Court of Appeals for the Fourth Circuit granted the Authority's application for enforcement of U.S. Department of Commerce, National Oceanic and Atmospheric Administration, National Ocean Service, 37 FLRA 663 (1990), in which the Authority relied on Portsmouth Naval Shipyard. See FLRA v. U.S. Department of Commerce, National Oceanic and Atmospheric Administration, National Ocean Service, 954 F.2d 994 (4th Cir. 1992), petition for rehearing en banc filed March 6, 1992.

We also note that in FLRA v. United States Department of Veterans Affairs, Washington, D.C. and United States Department of Veterans Affairs Medical Center, Newington, Connecticut, No. 91-4049 (2d Cir. March 5, 1992), the Court of Appeals for the Second Circuit denied the Authority's application for enforcement of another decision in which the Authority relied on Portsmouth Naval Shipyard. Subsequently, a majority of the panel in the Court of Appeals for the Ninth Circuit granted the Authority's application for enforcement of several Authority decisions based on Portsmouth Naval Shipyard in FLRA v. U.S. Department of the Navy, Navy Resale and Services Support Office, Field Support Office, Auburn, Washington, et al., No. 90-70511 (9th Cir. March 18, 1992). We respectfully adhere to our decision in Portsmouth Naval Shipyard.

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 Department of Veterans Affairs, Medical Center, Chillicothe, Ohio, shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the American Federation of Government Employees, AFL-CIO, Local 1631, the agent of the exclusive representative of certain employees of the Department of Veterans Affairs, Medical Center, Chillicothe, Ohio, the requested names and home addresses of employees in the bargaining unit represented by the Union.

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

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

(a) Furnish the American Federation of Government Employees, AFL-CIO, Local 1631, the agent of the exclusive representative of certain employees of the Department of Veterans Affairs, Medical Center, Chillicothe, Ohio, the requested names and home addresses of employees in the bargaining unit represented by the Union.

(b) Post at its facilities where bargaining unit employees represented by the American Federation of Government Employees, AFL-CIO, Local 1631, 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 Medical Center Director and shall be posted in conspicuous places, including all bulletin boards and other places where notices to employees are customarily posted, and shall be maintained for 60 consecutive days thereafter. Reasonable steps shall be taken to ensure that such notices are not altered, defaced, or covered by any other material.

(c) Pursuant to section 2423.30 of the Authority's Rules and Regulations, notify the Regional Director, Chicago 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 refuse to furnish, upon request of the American Federation of Government Employees, AFL-CIO, Local 1631, the agent of the exclusive representative of certain employees of the Department of Veterans Affairs, Medical Center, Chillicothe, Ohio, the requested names and home addresses of employees in the bargaining unit represented by the Union.

WE WILL NOT in any like or related manner, interfere with, restrain, or coerce our employees in the exercise of their rights assured by the Federal Service Labor-Management Relations Statute.

WE WILL furnish the American Federation of Government Employees, AFL-CIO, Local 1631, the agent of the exclusive representative of certain employees of the Department of Veterans Affairs, Medical Center, Chillicothe, Ohio, the requested names and home addresses of employees in the bargaining unit represented by the Union.

_____________________________
(Activity)

Dated_________ By:___________________________

(Signature) (Title)

This Notice must remain posted for 60 consecutive days from the date of posting and must not be altered, defaced, or covered by any other material.

If employees have any questions concerning this Notice or compliance with its provisions, they may communicate directly with the Regional Director of the Federal Labor Relations