DEPARTMENT OF VETERANS AFFAIRS WASHINGTON, D.C. and NATIONAL VA COUNCIL, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO

United States of America

BEFORE THE FEDERAL SERVICE IMPASSES PANEL

In the Matter of 

DEPARTMENT OF VETERANS AFFAIRS 

WASHINGTON, D.C. 

and 

NATIONAL VA COUNCIL, 

AMERICAN FEDERATION OF 

GOVERNMENT EMPLOYEES, AFL-CIO 

Case Nos. 90 FSIP 32 and 90 FSIP 57

The Department of Veterans Affairs (Employer) and the National VA Council, American Federation of Government Employees, AFL-CIO (Union), each filed a request for assistance with the Federal Service Impasses Panel (Panel) to consider a negotiation impasse under section 7119 of the Federal Service Labor-Management Relations Statute (Statute).

After investigation of the requests for assistance, which have been consolidated for consideration, the Panel directed the parties to meet informally with Staff Associate Ellen J. Kolansky for the purpose of resolving the issue at impasse. The parties were advised that if no settlement were reached, Mrs. Kolansky would report to the Panel on the status of the dispute and her recommendations for resolving the issues. After considering this information, the Panel would take whatever action it deemed appropriate to resolve the impasse including the issuance of a binding decision.  

Mrs. Kolansky met with the parties on February 21, 1990, at which time the parties were unable to reach agreement. Accordingly, she reported to the Panel based on the record developed by the parties and their final offers. The Panel has now considered the entire record.

The Employer provides health care to veterans, orphans, and widows; disability benefits, and loans for housing, business, and educational purposes. Affected employees, who are part of a nationwide consolidated unit, work mainly as practical nurses, ward secretaries, launderers, housekeepers, and accounting and payroll employees, GS-2 through -5. The parties' master agreement has been rolled over a number of times, and will expire on August 13, 1990.

The dispute before the Panel results from national level mid-term bargaining over the Employer's decision to exercise its discretion to establish a fee for parking at the Department of Veterans Affairs Medical Center, Philadelphia, Pennsylvania (VAMC). Currently, free surface parking is available to employees at the facility. In September 1989, more spaces were added due to completion of a new multi-tier parking garage. By Statute, the Secretary of the Department has such discretion at parking facilities funded before September 30, 1986 (discretionary-fee facilities). Fees are mandatory for spaces funded after that date which cost over $500,000, or are leased at an annual rental over $100,000 (mandatory-fee facilities).⁽¹⁾ At the national level, the parties agreed that mandatory fees would be determined by appraising the fair market rental value for equivalent commercial space, and charging 50 percent of such average fees. The medical facility in this case is one