Service Employees International Union, Local 200-C (Union) and United States Department of Veterans Affairs, Western New York, V.A. Health Care System, Buffalo, New York (Agency)
[ v56 p1080 ]
56 FLRA No. 190
SERVICE EMPLOYEES INTERNATIONAL
UNION, LOCAL 200-C
UNITED STATES DEPARTMENT OF VETERANS
AFFAIRS, WESTERN NEW YORK
V.A. HEALTH CARE SYSTEM
BUFFALO, NEW YORK
DECISION AND ORDER ON A
January 31, 2001
Before the Authority: Donald S. Wasserman, Chairman; Dale Cabaniss and Carol Waller Pope, Members.
I. Statement of the Case
This case is before the Authority on a negotiability appeal filed by the Union under § 7105(a)(2)(E) of the Federal Service Labor-Management Relations Statute (the Statute), and involves the negotiability of one proposal. For the following reasons, we find that the proposal is outside the duty to bargain.
Adverse Actions. Part-time Hybrid Title 38's, not having statutory appeal rights, will be afforded adverse action appeal rights under the negotiated grievance procedures and arbitration procedures defined in Article___.
III. Positions of the Parties
A. Agency Statement of Position
The Agency asserts that because part-time hybrid title 38 employees are appointed without regard to civil service laws, rules, or regulations under 38 U.S.C. § 7405, and because the negotiated grievance procedure is a part of the civil service laws, a proposal providing those employees the right to appeal adverse actions through the negotiated grievance procedure is inconsistent [ v56 p1081 ] with law. [n1] The Agency also asserts that part-time title 38 employees are "temporary" employees.
B. Union Response
The Union argues that although part-time hybrid title 38 employees cannot appeal adverse actions to the Merit Systems Protection Board (MSPB), there is nothing prohibiting them from "fill[ing] the gap" by utilizing negotiated grievanc