Veterans Administration Medical Center (Canandaigua, NY) (Respondent) and American Federation of Government Employees, Local 3306, AFL-CIO (Charging Party)
[ v03 p588 ]
03:0588(94)CA
The decision of the Authority follows:
3 FLRA No. 94
VETERANS ADMINISTRATION MEDICAL CENTER
(CANANDAIGUA, NEW YORK)
Respondent
and
LOCAL 3306, AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, AFL-CI0
Charging Party
Case Nos. 1-CA-47
1-CA-62
1-CA-123
1-CA-249
1-CA-257
1-CA-264
ORDER APPROVING FORMAL SETTLEMENT AGREEMENT
ON APRIL 10, 1980, VETERANS ADMINISTRATION MEDICAL CENTER,
CANANDAIGUA, NEW YORK (THE RESPONDENT), LOCAL 3306, AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES, AFL-CIO (THE CHARGING PARTY AND UNION HEREIN),
AND THE GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHORITY ENTERED
INTO A SETTLEMENT STIPULATION (THE SETTLEMENT STIPULATION), SUBJECT TO
APPROVAL OF THE AUTHORITY, PROVIDING FOR THE ENTRY OF A CONSENT ORDER BY
THE AUTHORITY AND A CONSENT JUDGMENT BY ANY APPROPRIATE UNITED STATES
COURT OF APPEALS. THE PARTIES WAIVED ALL FURTHER AND OTHER PROCEEDINGS
BEFORE THE AUTHORITY TO WHICH THEY MAY BE ENTITLED UNDER THE FEDERAL
SERVICE LABOR-MANAGEMENT RELATIONS STATUTE AND THE RULES AND REGULATIONS
OF THE AUTHORITY. THE RESPONDENT WAIVED ITS RIGHT TO CONTEST THE ENTRY
OF A CONSENT JUDGMENT AND TO RECEIVE FURTHER NOTICE OF THE APPLICATION
THEREFOR.
THE SETTLEMENT STIPULATION IS HEREBY APPROVED AND MADE A PART OF THE
RECORD HEREIN, AND THE PROCEEDING IS HEREBY TRANSFERRED TO AND CONTINUED
BEFORE THE AUTHORITY IN WASHINGTON, D.C., FOR THE ENTRY OF AN ORDER
PURSUANT TO THE PROVISIONS OF THE SUBJECT SETTLEMENT STIPULATION. /1/
UPON THE ENTIRE RECORD IN THIS CASE, INCLUDING THE SETTLEMENT
STIPULATION, THE AUTHORITY FINDS:
1. VETERANS ADMINISTRATION MEDICAL CENTER, CANANDAIGUA, NEW YORK,
THE RESPONDENT, IS NOW AND HAS BEEN AT ALL TIMES MATERIAL HEREIN, AN
AGENCY WITHIN THE MEANING OF SECTION 7103(A)(3) OF THE STATUTE.
2. LOCAL 3306, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO,
THE UNION, IS NOW AND HAS BEEN AT ALL TIMES MATERIAL HEREIN, A LABOR
ORGANIZATION WITHIN THE MEANING OF SECTION 7103(1)(4) OF THE STATUTE.
ORDER
UPON THE BASIS OF THE ABOVE FINDINGS OF FACT, THE SETTLEMENT
STIPULATION, AND THE ENTIRE RECORD IN THE PROCEEDINGS, AND PURSUANT TO
SECTION 7105(A)(2)(G) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
STATUTE, THE FEDERAL LABOR RELATIONS AUTHORITY HEREBY ORDERS THAT THE
RESPONDENT, VETERANS ADMINISTRATION MEDICAL CENTER, CANANDAIGUA, NEW
YORK SHALL:
1. CEASE AND DESIST FROM:
(A) THREATENING OCCUPATIONAL THERAPISTS OR ANY OTHER EMPLOYEES WITH
UNUSUAL TOURS OF DUTY, DENIAL OF ANNUAL LEAVE, THE IMPOSITION OF NEW
SCHEDULES, OR ANY TYPE OF ADVERSE ACTION IN ORDER TO DISCOURAGE
EMPLOYEES FROM ENGAGING IN UNION ACTIVITY OR FROM FILING UNFAIR LABOR
PRACTICE CHARGES UNDER THE PROVISIONS OF THE FEDERAL SERVICE
LABOR-MANAGEMENT RELATIONS STATUTE.
(B) MAKING STATEMENTS DISPARAGING AND DEPRECATING THE REPRESENTATION
OF OCCUPATIONAL THERAPISTS OR ANY OTHER EMPLOYEES BY UNION
REPRESENTATIVES.
(C) ORDERING UNION STEWARDS TO LEAVE MEETINGS BETWEEN EMPLOYEES AND
MEMBERS OF MANAGEMENT CONCERNING UNFAIR LABOR PRACTICES FILED UNDER THE
PROVISIONS OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE OF
WHICH CONCERN PERSONNEL POLICIES AND PRACTICES OR GENERAL CONDITIONS OF
EMPLOYMENT.
(D) MAKING STATEMENTS TO OCCUPATIONAL THERAPISTS OR ANY OTHER
EMPLOYEES THAT COMMUNICATIONS WITH THE UNION MUST GO THROUGH A
SUPERVISOR.
(E) STATING TO OCCUPATIONAL THERAPISTS OR ANY OTHER EMPLOYEES WHO
SEEK THE ASSISTANCE OF THE UNION THAT THEY ARE DISLOYAL AND SHOULD SEEK
EMPLOYMENT ELSEWHERE.
(F) DISCRIMINATING AGAINST EMPLOYEES BY REMOVING WORK RELATED
MATERIALS OF OCCUPATIONAL THERAPISTS; ENGAGING IN SURVEILLANCE OF
OCCUPATIONAL THERAPISTS OR ANY OTHER EMPLOYEES, OTHER THAN THAT REQUIRED
FOR NORMAL SUPERVISION; AND REFUSING TO APPOINT OCCUPATIONAL THERAPISTS
AS ACTING CHIEFS IN ORDER TO DISCOURAGE MEMBERSHIP IN OR ACTIVITIES ON
BEHALF OF THE UNION OR ANY OTHER LABOR ORGANIZATION OR TO DISCOURAGE
OCCUPATIONAL THERAPISTS OR ANY OTHER EMPLOYEES FROM FILING CHARGES UNDER
THE PROVISIONS OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
STATUTE.
(G) REFUSING TO GIVE NOTICE TO AND CONSULT, CONFER OR NEGOTIATE IN
GOOD FAITH WITH THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
AFL-CIO, THE EXCLUSIVE REPRESENTATIVE OF ITS PROFESSIONAL EMPLOYEES,
BEFORE ELIMINATING THE PRACTICE OF APPOINTING OCCUPATIONAL THERAPISTS AS
ACTING CHIEFS, OR MAKING ANY CHANGE IN THE PROCEDURE OF REVIEWING THE
WORK OF OCCUPATIONAL THERAPISTS.
(H) BY-PASSING THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
AFL-CIO, THE EXCLUSIVE REPRESENTATIVE OF ITS PROFESSIONAL EMPLOYEES, OR
ANY OTHER EXCLUSIVE REPRESENTATIVE, AND DEALING DIRECTLY WITH
OCCUPATIONAL THERAPISTS OR ANY OTHER EMPLOYEES CONCERNING PERSONNEL
POLICIES AND PRACTICES OR GENERAL CONDITIONS OF EMPLOYMENT.
(I) CONDUCTING FORMAL DISCUSSIONS BETWEEN REPRESENTATIVES OF
MANAGEMENT AND BARGAINING UNIT EMPLOYEES CONCERNING GRIEVANCES, UNFAIR
LABOR PRACTICE CHARGES, PERSONNEL POLICIES AND PRACTICES, OR OTHER
GENERAL CONDITIONS OF EMPLOYEMENT WITHOUT NOTIFYING AND AFFORDING THE
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, THE OPPORTUNITY TO
BE REPRESENTED AT SUCH DISCUSSIONS.
(J) IN ANY OTHER MANNER INTERFERING WITH, RESTRAINING, OR COERCING
EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY THE FEDERAL SERVICE
LABOR-MANAGEMENT RELATIONS STATUTE.
2. TAKE THE FOLLOWING AFFIRMATIVE ACTION WHICH THE FEDERAL LABOR
RELATIONS AUTHORITY FINDS WILL EFFECTUATE THE POLICIES OF THE FEDERAL
SERVICE LABOR-MANAGEMENT RELATIONS STATUTE:
(A) RETURN ALL WORK RELATED MATERIALS TO OCCUPATIONAL THERAPISTS
TAKEN FROM THEM ON AND AFTER MAY 8, 1979.
(B) REINSTITUTE THE METHOD OF REVIEWING THE WORK OF OCCUPATIONAL
THERAPISTS WHICH EXISTED ON MAY 8, 1979.
(C) RESUME THE PRACTICE OF APPOINTING OCCUPATIONAL THERAPISTS TO THE
POSITION OF ACTING CHIEF WHICH EXISTED PRIOR TO MAY 8, 1979.
(D) POST AT ITS FACILITIES AT CANANDAIGUA, NEW YORK, COPIES OF THE
ATTACHED NOTICE, MARKED "APPENDIX", ON FORMS TO BE FURNISHED BY THE
REGIONAL DIRECTOR OF THE FEDERAL LABOR RELATIONS AUTHORITY'S REGIONAL
OFFICE FOR REGION I. UPON RECEIPT, SUCH FORM SHALL BE SIGNED AND DATED
BY THE DIRECTOR OF THE MEDICAL CENTER AND SHALL BE POSTED AND MAINTAINED
BY THE DIRECTOR FOR SIXTY (60) CONSECUTIVE DAYS THEREAFTER IN
CONSPICUOUS PLACES, INCLUDING ALL PLACES WHERE NOTICES TO EMPLOYEES ARE
CUSTOMARILY POSTED. THE DIRECTOR SHALL TAKE REASONABLE STEPS TO INSURE
THAT SUCH NOTICES ARE NOT ALTERED, DEFACED OR COVERED BY ANY OTHER
MATERIAL; AND ,4 (E) NOTIFY THE REGIONAL DIRECTOR OF THE FEDERAL LABOR
RELATIONS AUTHORITY'S REGIONAL OFFICE FOR REGION I IN WRITING, WITHIN
THIRTY (30) DAYS FROM THE DATE OF THIS ORDER AS TO WHAT STEPS HAVE BEEN
TAKE TO COMPLY HEREWITH.
ISSUED, WASHINGTON, D.C., JULY 10, 1980
RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY
SERVICE SHEET
COPIES OF THE AUTHORITY'S ORDER OF JULY 10, 1980, IN CASE NOS.
1-CA-47, 62, 123, 249, 257, AND 264 SENT TO THE FOLLOWING:
MR. J. CLAUDE CURTIN
EXECUTIVE VICE-PRESIDENT, LOCAL 3306
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO
VETERANS ADMINISTRATION MEDICAL CENTER
FORT HILL AVENUE
CANANDAIGUA, NEW YORK 14424
MR. DEWAYNE C. ROBERTSON
DIRECTOR
VETERANS ADMINISTRATION MEDICAL CENTER
FORT HILL AVENUE
CANANDAIGUA, NEW YORK 14424
MR. EDWARD S. DAVIDSON
REGIONAL DIRECTOR, REGION I
FEDERAL LABOR RELATIONS AUTHORITY
441 STUART STREET, 8TH FLOOR
BOSTON, MASSACHUSETTS 02116
APPENDIX A
NOTICE TO ALL EMPLOYEES
PURSUANT TO
AN ORDER OF THE
FEDERAL LABOR RELATIONS AUTHORITY
AND IN ORDER TO EFFECTUATE THE POLICIES OF
CHAPTER 71 OF TITLE 5 OF THE
UNITED STATES CODE
FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
WE HEREBY NOTIFY OUR EMPLOYEES THAT:
THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE GIVES
EMPLOYEES OF THIS AGENCY THE FOLLOWING RIGHTS:
TO FORM, JOIN, OR ASSIST ANY LABOR ORGANIZATION;
TO ACT FOR A LABOR ORGANIZATION IN THE CAPACITY OF A REPRESENTATIVE;
TO PRESENT THE VIEWS OF THE LABOR ORGANIZATION, IN SAID CAPACITY, TO
HEADS OF AGENCIES AND
OTHER OFFICIALS OF THE EXECUTIVE BRANCH OF THE GOVERNMENT, THE
CONGRESS OR OTHER APPROPRIATE
AUTHORITIES;
TO ENGAGE IN COLLECTIVE BARGAINING WITH RESPECT TO CONDITIONS OF
EMPLOYMENT THROUGH
REPRESENTATIVES CHOSEN BY EMPLOYEES UNDER THIS STATUTE; OR
TO REFRAIN FROM ANY OF THE ACTIVITIES SET FORTH ABOVE, FREELY AND
WITHOUT FEAR OF PENALTY
OR REPRISAL.
THIS AGENCY WILL NOT VIOLATE ANY OF THESE RIGHTS. MORE SPECIFICALLY,
WE WILL NOT THREATEN OCCUPATIONAL THERAPISTS OR ANY OTHER EMPLOYEES
WITH UNUSUAL TOURS OF DUTY, DENIAL OF ANNUAL LEAVE, THE IMPOSITION OF
NEW SCHEDULES, OR ANY TYPE OF ADVERSE ACTION IN ORDER TO DISCOURAGE
EMPLOYEES FROM ENGAGING IN ACTIVITY FOR OR ON BEHALF OF THE AMERICAN
FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO OR FROM FILING UNFAIR LABOR
PRACTICE CHARGES UNDER THE PROVISIONS OF THE FEDERAL SERVICE
LABOR-MANAGEMENT RELATIONS STATUTE.
WE WILL NOT MAKE STATEMENTS DISPARAGING AND DEPRECATING THE
REPRESENTATION OF OCCUPATIONAL THERAPISTS OR ANY OTHER EMPLOYEES BY
UNION REPRESENTATIVES.
WE WILL NOT ORDER UNION STEWARDS TO LEAVE MEETINGS BETWEEN EMPLOYEES
AND MEMBERS OF MANAGEMENT CONCERNING UNFAIR LABOR PRACTICE CHARGES FILED
UNDER THE PROVISIONS OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
STATUTE OR WHICH CONCERN PERSONNEL POLICIES AND PRACTICES OR GENERAL
CONDITIONS OF EMPLOYMENT.
WE WILL NOT MAKE STATEMENTS TO OCCUPATIONAL THERAPISTS OR ANY OTHER
EMPLOYEES THAT COMMUNICATIONS WITH A UNION MUST GO THROUGH A SUPERVISOR.
WE WILL NOT MAKE STATEMENTS TO OCCUPATIONAL THERAPISTS OR ANY OTHER
EMPLOYEES WHO SEEK THE ASSISTANCE OF A UNION THAT THEY ARE DISLOYAL AND
SHOULD SEEK EMPLOYMENT ELSEWHERE.
WE WILL NOT REMOVE WORK RELATED MATERIAL FROM OCCUPATIONAL
THERAPISTS; ENGAGE IN SURVEILLANCE OF OCCUPATIONAL THERAPISTS, OTHER
THAN THAT REQUIRED FOR NORMAL SUPERVISION; REFUSE TO APPOINT
OCCUPATIONAL THERAPISTS AS ACTING CHIEFS, OR DISCRIMINATE IN ANY WAY
AGAINST OCCUPATIONAL THERAPISTS OR ANY OTHER EMPLOYEES IN ORDER TO
DISCOURAGE MEMBERSHIP IN OR ACTIVITIES ON BEHALF OF THE AMERICAN
FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, OR ANY OTHER LABOR
ORGANIZATION OR IN ORDER TO DISCOURAGE OCCUPATIONAL THERAPISTS OR ANY
OTHER EMPLOYEES FROM FILING CHARGES UNDER THE PROVISIONS OF THE FEDERAL
SERVICE LABOR-MANAGEMENT RELATIONS STATUTE.
WE WILL GIVE NOTICE TO AND CONSULT, CONFER OR NEGOTIATE IN GOOD FAITH
WITH THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, THE
EXCLUSIVE REPRESENTATIVE OF OUR PROFESSIONAL EMPLOYEES, BEFORE
ELIMINATING THE PRACTICE OF APPOINTING OCCUPATIONAL THERAPISTS AS ACTING
CHIEFS, OR MAKING ANY CHANGE IN THE PROCEDURE OF REVIEWING THE WORK OF
OCCUPATIONAL THERAPISTS.
WE WILL NOT BY-PASS THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
AFL-CIO, THE EXCLUSIVE REPRESENTATIVE OF OUR PROFESSIONAL EMPLOYEES, OR
ANY OTHER EXCLUSIVE REPRESENTATIVE AND DEAL DIRECTLY WITH EMPLOYEES
CONCERNING PERSONNEL POLICIES AND PRACTICES OR GENERAL CONDITIONS OF
EMPLOYMENT.
WE WILL NOT CONDUCT FORMAL DISCUSSIONS BETWEEN REPRESENTATIVES OF
MANAGEMENT AND BARGAINING UNIT EMPLOYEES CONCERNING GRIEVANCES, UNFAIR
LABOR PRACTICE CHARGES, PERSONNEL POLICIES AND PRACTICES, OR OTHER
GENERAL CONDITIONS OF EMPLOYEMENT WITHOUT NOTIFYING AND AFFORDING THE
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, THE OPPORTUNITY TO
BE REPRESENTED AT SUCH DISCUSSIONS.
WE WILL RETURN ALL WORK RELATED MATERIALS TO OCCUPATIONAL THERAPISTS
TAKEN FROM THEM ON OR AFTER MAY 8, 1979, AS A RESULT OF OUR
DISCRIMINATION AGAINST THEM FOR ENGAGING IN UNION ACTIVITY AND FOR
FILING UNFAIR LABOR PRACTICE CHARGES UNDER THE FEDERAL SERVICE
LABOR-MANAGEMENT RELATIONS STATUTE.
WE WILL REINSTITUTE THE PROCEDURE FOR REVIEWING THE WORK OF
OCCUPATIONAL THERAPISTS WHICH EXISTED ON MAY 8, 1979, AND WE WILL RESUME
THE PRACTICE OF APPOINTING OCCUPATIONAL THERAPISTS TO THE POSITION OF
ACTING CHIEF WHICH EXISTED PRIOR TO MAY 8, 1979.
WE WILL NOT IN ANY OTHER MANNER INTERFERE WITH, RESTRAIN OR COERCE
OUR EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY THE FEDERAL
SERVICE LABOR-MANAGEMENT RELATIONS STATUTE.
(AGENCY OR ACTIVITY)
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 FOR THE FEDERAL LABOR RELATIONS AUTHORITY WHOSE ADDRESS IS:
FEDERAL LABOR RELATIONS AUTHORITY, REGION I, 441 STUART STREET, 8TH
FLOOR, BOSTON, MASSACHUSETTS 02116, TELEPHONE NUMBER (617) 223-0920.
/1/ IN SO APPROVING THE SUBJECT SETTLEMENT STIPULATION, THE AUTHORITY
NOTES THAT THE LAST SENTENCE OF PARAGRAPH 9 THEREOF, IN REFERRING TO THE
STIPULATION'S CEASE AND DESIST AND AFFIRMATIVE ACTION PROVISIONS,
INADVERTENTLY REFERS TO PARAGRAPH 7 OF THE STIPULATION, RATHER THAN
PARAGRAPH 6, WHICH LATTER PARAGRAPH CONTAINS THOSE PROVISIONS.