UNITED STATES OF AMERICA
FEDERAL LABOR RELATIONS AUTHORITY
Office of Administrative Law Judges
WASHINGTON, D.C. 20424-0001
|
DEPARTMENT OF VETERANS AFFAIRS CARL VINSON MEDICAL CENTER DUBLIN, GEORGIA Respondent |
|
|
and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1985 Charging Party |
Case No. AT-CA-03-0392 |
NOTICE OF TRANSMITTAL OF DECISION
The above-entitled case having been submitted to the undersigned Administrative Law Judge pursuant to the Statute and the Rules and Regulations of the Authority, the undersigned herein serves his Decision, 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. §§ 2423.40-2423.41, 2429.12, 2429.21-2429.22, 2429.24-2429.25, and 2429.27.
Any such exceptions must be filed on or before
OCTOBER 27, 2003, and addressed to:
Federal Labor Relations Authority
Office of Case Control
1400 K Street, NW, 2nd Floor
Washington, DC 20424-0001
RICHARD A. PEARSON
Administrative Law Judge
Dated: September 26, 2003
Washington, DC
UNITED STATES OF AMERICA
FEDERAL LABOR RELATIONS AUTHORITY
Office of Administrative Law Judges
WASHINGTON, D.C. 20424-0001
MEMORANDUM DATE: September 26, 2003
TO: The Federal Labor Relations Authority
FROM: RICHARD A. PEARSON
Administrative Law Judge
SUBJECT: DEPARTMENT OF VETERANS AFFAIRS
CARL VINSON MEDICAL CENTER
DUBLIN, GEORGIA
Respondent
and Case No. AT-CA-03-0392
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1985
Charging Party
Pursuant to section 2423.34(b) of the Rules and Regulations, 5 C.F.R. § 2423.34(b), I am hereby transferring the above case to the Authority. Enclosed are copies of my Decision, the service sheet, and the transmittal form sent to the parties. Also enclosed is a Motion for Summary Judgment and other supporting documents filed by the parties.
Enclosures
OALJ 03-50
FEDERAL LABOR RELATIONS AUTHORITY
Office of Administrative Law Judges
WASHINGTON, D.C.
|
DEPARTMENT OF VETERANS AFFAIRS CARL VINSON MEDICAL CENTER DUBLIN, GEORGIA Respondent |
|
|
and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1985 Charging Party |
Case No. AT-CA-03-0392 |
Peter Hines
For the General Counsel
Before: RICHARD A. PEARSON
Administrative Law Judge
DECISION ON MOTION FOR SUMMARY JUDGMENT
On June 30, 2003, the Regional Director of the Atlanta Region of the Federal Labor Relations Authority (FLRA), issued a Complaint and Notice of Hearing alleging that the Department of Veterans Affairs, Carl Vinson Medical Center, Dublin, Georgia (the Respondent), violated section 7116(a)(1), (5) and (8) of the Federal Service Labor-Management Relations Statute (the Statute), by refusing to furnish American Federation of Government Employees, Local 1985 (the Union) with certain documents requested by the Union. The complaint was served on the Respondent by certified mail; it specified that Respondent's answer must be filed by July 28, 2003, and that a failure to file an answer shall constitute an admission of the allegations of the complaint. A hearing was scheduled for October 7, 2003.
The Respondent has not submitted anything in response to the complaint.
On August 22, 2003, Counsel for the General Counsel filed a Motion for Summary Judgment, asserting that by its failure to answer the complaint, the Respondent had admitted all of the allegations therein. Since no facts are in dispute, the General Counsel submits that the record demonstrates that the Respondent violated section 7116(a)(1), (5) and (8) of the Statute.
The Respondent has filed no response to the Motion for Summary Judgment.
Section 2423.20(b) of the Authority's Rules and Regulations, 5 C.F.R. § 2423.20(b), provides, in pertinent part:
(b) Answer. Within 20 days after the date of service of the complaint . . . the Respondent shall file and serve . . . an answer with the Office of Administrative Law Judges. The answer shall admit, deny, or explain each allegation of the complaint. . . . Absent a showing of good cause to the contrary, failure to file an answer or respond to any allegation shall constitute an admission. . . .
Not only has the Respondent failed to answer the allegations of the complaint in any manner, but it has neither made any showing of good cause nor responded to the Motion for Summary Judgment. By its inaction, it has admitted the allegations of the complaint. Accordingly, there are no factual issues in dispute, and it is appropriate to resolve this case by summary judgment. Based on the existing record, I make the following findings of fact, conclusions of law, and recommendations.
Findings of Fact
The Respondent is an agency as defined by 5 U.S.C.
§ 7103(a)(3). The American Federation of Government Employees (AFGE) is the exclusive representative of a bargaining unit at the Department of Veterans Affairs, and the Union is an agent of AFGE for purposes of representing employees at the Respondent's Carl Vinson Medical Center in Dublin, Georgia.
On February 27, 2003, the Union submitted a written request to a representative of the Respondent for the 2003 leave schedule and the leave requests of the employees working in the Geriatrics and Extended Care Service Line (hereafter referred to as "the Information"). The Information is normally maintained by the Respondent in the regular course of business; is reasonably available; is necessary for full and proper discussion, understanding and negotiation of subjects within the scope of bargaining; does not constitute guidance, advice, counsel or training provided for management officials or supervisors, relating to collective bargaining; and is not prohibited from disclosure by law.
Since on or about February 27, 2003, the Respondent has refused to furnish the Union with the employees' leave requests.
Discussion and Conclusions
The Authority held in Internal Revenue Service, Washington, D.C. and Internal Revenue Service, Kansas City Service Center, Kansas City, Missouri, 50 FLRA 661, 669 (1995), that a union requesting information under section 7114(b)(4) of the Statute must establish a particularized need for the information in relation to the union's statutory representational responsibilities. Similarly, an agency must articulate any interests weighing against disclosure, at or near the time of the union's request, so that the parties can discuss their respective interests and seek an accommodation thereof in a timely manner. Id. at 670-71.
Here, by its failure to respond to the complaint, the Respondent has admitted that the Union's request for the Information satisfied the requirements of section 7114(b)(4), and that it refused to furnish the Union with the employees' leave requests. It has articulated no interest against disclosing the leave requests, nor has it asserted any other defense to its refusal to provide the leave requests. Therefore, it is clear that the Respondent has failed to comply with section 7114(b)(4) of the Statute and committed an unfair labor practice in violation of section 7116(a)(1), (5) and (8).
To remedy the Respondent's violation, it is appropriate that the Respondent be ordered to submit the Information and that it post a notice to employees concerning its conduct. Accordingly I recommend that the Authority grant the General Counsel's Motion for Summary Judgment and issue the following Order:
ORDER
Pursuant to section 2423.41(c) of the Authority's Rules and Regulations and section 7118 of the Federal Service Labor-Management Relations Statute (the Statute), it is hereby ordered that the Department of Veterans Affairs, Carl Vinson Medical Center, Dublin, Georgia (the Agency), shall:
1. Cease and desist from:
(a) Failing and refusing to furnish American Federation of Government Employees, Local 1985 (the Union), the exclusive representative of certain of its employees, information to which it is entitled under the Statute, including the 2003 leave requests of the employees working in the Geriatrics and Extended Care Service Line.
(b) In any like or related manner interfering with, restraining, or coercing its employees in the exercise of rights assured them by the Statute.
2. Take the following affirmative action in order to effectuate the purposes and policies of the Federal Service Labor-Management Relations Statute:
(a) Furnish the Union with the 2003 leave requests of the employees working in the Geriatrics and Extended Care Service Line, as requested by the Union on February 27, 2003.
(b) Post at its facilities at the Carl Vinson Medical Center, Dublin, Georgia, where 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 Medical Center Director 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.
(c) Pursuant to section 2423.41(e) of the Authority's Rules and Regulations, notify the Regional Director, Atlanta Regional Office, Federal Labor Relations Authority, in writing, within 30 days from the date of this Order, as to what steps have been taken to comply herewith.
Issued, Washington, DC, September 26, 2003.
_______________________________
RICHARD A. PEARSON
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, Carl Vinson Medical Center, Dublin, Georgia (the Agency), 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 fail or refuse to furnish American Federation of Government Employees, Local 1985 (the Union), the exclusive representative of certain of its employees, information to which it is entitled under the Statute, including the 2003 leave requests of the employees working in the Geriatrics and Extended Care Service Line.
WE WILL NOT in any like or related manner interfere with, restrain, or coerce our employees in the exercise of rights assured them by the Federal Service Labor-Management Relations Statute.
WE WILL furnish the Union with the 2003 leave requests of the employees working in the Geriatrics and Extended Care Service Line, as requested by the Union on February 27, 2003.
_______________________________
(Respondent)
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 Regional Office, Federal Labor Relations Authority, whose address is: Marquis Two Tower, 285 Peachtree Center Avenue, Suite 701, Atlanta, GA 30303-1270, and whose telephone number is:
404-331-5212.
CERTIFICATE OF SERVICE
I hereby certify that copies of the DECISION issued by
RICHARD A. PEARSON, Administrative Law Judge, in Case
No. AT-CA-03-0392, were sent to the following parties:
_______________________________
CERTIFIED MAIL & RETURN RECEIPT CERTIFIED NOS:
Peter Hines 7000 1670 0000 1175 2645
Counsel for the General Counsel
Federal Labor Relations Authority
Marquis Two Tower, Suite 701
285 Peachtree Center Avenue
Atlanta, GA 30303-1270
Janice Stewart 7000 1670 0000 1175 2652
President
AFGE, Local 1985
P.O. Box 1874
Dublin, GA 31021
Kevin Jones 7000 1670 0000 1175 2669
Network 7 Labor Relations Manager
VA Medical Center
Network Business Office, Suite 250
3700 Crestwood Parkway
Duluth, GA 30096
Stephen Lucas, Director 7000 1670 0000 1175 2676
Carl Vinson VA Medical Center
1826 Veterans Boulevard
Dublin, GA 31012
REGULAR MAIL:
Bobby Harnage, President
AFGE, AFL-CIO
80 F Street, NW
Washington, DC 20001
Dated: September 26, 2003
Washington, DC