DEPARTMENT OF VETERANS AFFAIRS
WILLIAM JENNINGS BRYAN DORN
VETERANS AFFAIRS MEDICAL CENTER
COLUMBIA, SOUTH CAROLINA
Case No. AT-CA-14-0069
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1915
On August 26, 2015, the Regional Director of the Atlanta Region of the Federal Labor Relations Authority (FLRA/Authority), reissued a Complaint and Notice of Hearing, alleging that the Department of Veterans Affairs, William Jennings Bryan Dorn Veterans Affairs Medical Center, Columbia, South Carolina (Respondent), violated § 7116(a)(1) and (5) of the Federal Service Labor-Management Relations Statute (Statute). The Complaint alleged that the Respondent implemented a change in the conditions of employment for bargaining unit employees without providing the Union an opportunity to bargain over the change.
The Complaint indicated that a hearing on the allegations would be held on October 7, 2015, and advised the Respondent that an Answer to the Complaint was due no later than September 21, 2015. The Complaint was served by first class mail on Respondent’s agent, Daniel Rembert, Supervisory HR Specialist, Department of Veterans Affairs, Veterans Affairs Medical Center, 6439 Garners Ferry Road, Columbia, SC 29209, and the Respondent failed to file an Answer to the Complaint.
1. Cease and desist from:
(a) Failing to notify and bargain with the American Federation of Government Employees, Local 1915 (Union), the designated representative of an appropriate unit of its employees, before implementing a change in conditions of employment for which it is required to bargain under the Statute.
(b) In any like or related manner, interfering with, restraining, or coercing bargaining unit employees in the exercise of the rights assured them by the Statute.
2. Take the following affirmative actions in order to effectuate the purposes and policies of the Statute: (a) Negotiate, upon request, with the Union concerning the reusable medical equipment policy and give retroactive effect to any agreement reached.
(b) Post at its facilities where bargaining unit employees represented by the Union 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, William Jennings Bryan Dorn Veterans Affairs Medical Center, Columbia, South Carolina, and shall be posted and maintained for sixty (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.
(c) In addition to physical posting of paper notices, Notices shall be distributed electronically, on the same date as physical posting, such as by email, posting on an intranet or internet site, or other electronic means, if such are customarily used to communicate with employees.
(d) 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 thirty (30) days from the date of this Order, as to what steps have been taken to comply.
Issued, Washington, D.C., October 6, 2015
______________________________________ CHARLES R. CENTER Chief Administrative Law Judge
The Federal Labor Relations Authority has found that the Department of Veterans Affairs, William Jennings Bryan Dorn Veterans Affairs Medical Center, Columbia, South Carolina, violated the Federal Service Labor-Management Relations Statute (Statute), and has ordered us to post and abide by this Notice.
WE HEREBY NOTIFY OUR EMPLOYEES THAT:
WE WILL NOT implement changes in the procedures for setting up and cleaning reusable medical equipment (RME) as it affects employees represented by the American Federation of Government Employees, Local 1915 (Union), without first notifying the Union and providing it an opportunity to bargain to the extent required by the Statute.
WE WILL NOT fail to notify and bargain with the Union when we implement changes in conditions of employment for which we are required to bargain under the Statute.
WE WILL NOT in any like or related manner, interfere with, restrain, or coerce bargaining unit employees in the exercise of the rights assured them by the Statute.
WE WILL bargain, upon request, with the Union concerning the policy for set up and cleaning of RME implemented in September 2013, and give retroactive effect to any agreement reached.
Dated: ___________________ By:__________________________________________________________ (Signature) (Title)
This Notice must remain posted for sixty (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, 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.