DEPARTMENT OF VETERANS AFFAIRS VETERANS CANTEEN SERVICES ST. LOUIS, MISSOURI (BILOXI, MISSISSIPPI) and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1045

 

 

 

UNITED STATES OF AMERICA

FEDERAL LABOR RELATIONS AUTHORITY

Office of Administrative Law Judges

WASHINGTON, D.C. 20424-0001

 

 

MEMORANDUM DATE: September 9, 2010

 

 

TO: The Federal Labor Relations Authority

 

FROM: CHARLES R. CENTER

Chief Administrative Law Judge

 

SUBJECT: DEPARTMENT OF VETERANS AFFAIRS

VETERANS CANTEEN SERVICES

ST. LOUIS, MISSOURI (BILOXI, MISSISSIPPI)

 

RESPONDENT

 

AND Case No. AT-CA-10-0019

 

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,

LOCAL 1045

CHARGING PARTY

 

Pursuant to 5 C.F.R. § 2423.34(b) of the Rules and Regulations, I hereby transfer the above case to the Authority. As this was a Bench Decision, in accordance with 5 C.F.R.

§ 2423.31(d) an excerpt from the transcript containing the oral decision is enclosed together with a proposed order and notice to be posted. Also enclosed are the service sheet, the transmittal form sent to the parties, and the transcript and exhibits. In accordance with

5 C.F.R. § 2423.31(d) the parties waived the right to submit post-hearing briefs.

 

Enclosures

 

 

 

 


 

UNITED STATES OF AMERICA

FEDERAL LABOR RELATIONS AUTHORITY

Office of Administrative Law Judges

WASHINGTON, D.C. 20424-0001

 

 

 

 

DEPARTMENT OF VETERANS AFFAIRS

VETERANS CANTEEN SERVICES

ST. LOUIS, MISSOURI (BILOXI, MISSISSIPPI)

 

RESPONDENT

 

 

AND

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1045

 

CHARGING PARTY

 

Case No. AT-CA-10-0019

 

 

NOTICE OF TRANSMITTAL OF DECISION

 

The above-entitled case having been heard by the undersigned Administrative Law Judge pursuant to the Statute and the Rules and Regulations of the Authority, the undersigned herein serves the Bench Decision issued on July 14, 2010, a copy of which is attached hereto, on all parties to the proceeding on this date and this case is hereby transferred to the Federal Labor Relations Authority pursuant to 5 C.F.R. §2423.34(b).

 

PLEASE BE ADVISED that the filing of exceptions to the attached Decision is governed by 5 C.F.R. §§2423.40-41, 2429.12, 2429.21-2429.22, 2429.24-2429.25, and 2429.27.

 

Exceptions must be filed on or before OCTOBER 12, 2010, and addressed to:

 

Office of Case Intake & Publication

Federal Labor Relations Authority

1400 K Street, N.W., 2nd Floor

Washington, DC 20424-0001

 

 

 

___________________________________

CHARLES R. CENTER

Chief Administrative Law Judge

 

 

 

 

Dated: September 9, 2010

Washington, D.C.


 

Inserted pages 96-97 Transcript, Court Reporter's

 

 

 


OALJ 10-16

 

ORDER

Pursuant to §2423.41(c) of the Authority's Rules and Regulations and §7118 of the Federal Service LaborManagement Relations Statute (Statute), the Department of Veterans Affairs, Veterans Canteen Services, St. Louis, Missouri (Biloxi, Mississippi), shall:

 

1. Cease and desist from:

 

  1. Admonishing employees about the use of Union representation provided

by the American Federation of Government Employees, Local 1045.

 

(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:

 

  1. Post at all Agency facilities located in Biloxi, Mississippi, 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 Agency's senior representative at the facility, and shall be posted and maintained for 60 consecutive days thereafter, in conspicuous places, including all bulletin boards and other places where notices to employees are customarily posted. Reasonable steps shall be taken to ensure that such Notices are not altered, defaced, or covered by any other material.

  1. Pursuant to §2423.41(e) of the Authority's Rules and

Regulations, notify the Regional Director, Atlanta Region, Federal Labor Relations Authority, in writing, within 30 days from the date of this Order, as to what steps have been taken to comply.

 

Issued, Washington, D.C., September 9, 2010.

 

 

 

 

 

CHARLES R. CENTER

Chief Administrative Law Judge

 

 


 

NOTICE TO ALL EMPLOYEES

 

POSTED BY ORDER OF THE

 

FEDERAL LABOR RELATIONS AUTHORITY

 

 

The Federal Labor Relations Authority has found that the Department of Veterans Affairs, Veterans Canteen Services, St. Louis, Missouri (Biloxi, Mississippi), violated the Federal Service Labor-Management Relations Statute, and has ordered us to post and abide by this Notice.

 

WE HEREBY NOTIFY OUR EMPLOYEES THAT:

 

WE WILL NOT admonish employees about the use of union representation provided by the American Federation of Government Employees, Local 1045.

 

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.

 

____________________________________

(Agency/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 any of its provisions, they may communicate directly with the Regional Director, Atlanta Region, Federal Labor Relations Authority, whose address is: 225 Peachtree Street, Suite 1950, Atlanta, GA 30303, and whose telephone number is: (404)331-5300.

 

 

 

 

 

 

 


CERTIFICATE OF SERVICE

 

I certify that copies of the BENCH DECISION, issued by CHARLES R. CENTER, Chief Administrative Law Judge, in Case No. AT-CA-10-0019, were sent to the following parties:

 

 

CERTIFIED MAIL & RETURN RECEIPT CERTIFIED NOS:

 

Brent S. Hudspeth 7004-1350-0003-5175-3956

Counsel for the General Counsel

Federal Labor Relations Authority

225 Peachtree Street, Suite 1950

Atlanta, GA 30303

 

Kimberly A. Negley, Staff Attorney 7004-1350-0003-5175-3963

Department of Veterans Affairs, ORC

1 Jefferson Barracks Drive, Bldg. 25

ST. Louis, MO 63125

 

James A. Zeveski 7004-1350-0003-5175-3970

National Employee/Labor Relations Manager

Veterans Canteen Central Office