DEPARTMENT OF VETERANS AFFAIRS
ATLANTA VETERANS AFFAIRS MEDICAL CENTER, DECATUR, GEORGIA
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2778
Case No. AT-CA-15-0553
Patricia J. Kush
For the General Counsel
Kevin L. Jones
For the Respondent
For the Charging Party
Before: CHARLES R. CENTER
Chief Administrative Law Judge
On September 22, 2015, the Regional Director of the Atlanta Region of the Federal Labor Relations Authority (FLRA/Authority), issued a Complaint and Notice of Hearing, alleging that the Department of Veterans Affairs, Atlanta Veterans Affairs Hospital*, Decatur, Georgia (Respondent), violated § 7116(a)(1), (5) and (8) of the Federal Service Labor-Management Relations Statute (Statute). The Complaint alleged that the Respondent failed to strike arbitrators and refused to go to binding arbitration over a Union’s grievance.
The Complaint indicated that a hearing on the allegations would be held on November 3, 2015, and advised the Respondent that an Answer to the Complaint was due no later than October 19, 2015. The Complaint was served by first class mail on Respondent’s agent, Kevin L. Jones, Chief, Human Resources Management, Department of Veterans Affairs, Atlanta VAMC, 1670 Clairmont Road, Decatur, GA 30033, and the Respondent failed to file an Answer to the Complaint.
Pursuant to § 2423.41(c) of the Rules and Regulations of the Authority and § 7118(a)(7) of the Federal Service Labor-Management Relations Statute (Statute), the Department of Veterans Affairs, Atlanta Veterans Affairs Medical Center, Decatur, Georgia, shall:
1. Cease and desist from:
(a) Failing to strike arbitrators or refuse to arbitrate a grievance of the American Federation of Government Employees, Local 2778 (Union), pursuant to § 7121 of the Statute.
(b) In any like or related manner, interfering with, restraining, or coercing bargaining unit employees in the exercise of their rights assured by the Statute.
2. Take the following affirmative actions in order to effectuate the purposes and policies of the Statute: (a) Hold a meeting with a representative of the Union for the purpose of striking arbitrators for a binding arbitration invoked by the Union.
(b) Absent settlement, proceed to binding arbitration of the Union’s grievance.
(c) 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, they shall be signed by the Director of the Veterans Affairs Medical Center, Decatur, Georgia, 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.
(d) In addition to physical posting of paper notices, Notices shall be distributed electronically, on the same day the Notice is physical posted, to all bargaining unit employees represented by the Union, if such method is customarily used to communicate with employees.
(e) Pursuant to § 2423.41(e) of the Rules and Regulations of the Authority, 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., November 9, 2015
_________________________________ CHARLES R. CENTER Chief Administrative Law Judge
* The Respondent’s proper name is the Atlanta Veterans Affairs Medical Center, rather than “Hospital” as listed on the complaint and subsequent pleadings filed by the General Counsel.