| DEPARTMENT OF VETERANS AFFAIRS VETERANS AFFAIRS MEDICAL CENTER NEW ORLEANS, LOUISIANA Respondent and NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 1904 Charging Party |
Case No. DA-CA-01-0581 |
Sharon Wilson Rivers, Esquire For the General Counsel
Before: Eli Nash, Chief Administrative Law Judge
OnJuly 31, 2001 the Regional Director for the Dallas Region of the Federal Labor Relations Authority (FLRA), issued a Complaint and Notice of Hearing which was duly served by certified mail upon the named Respondent. The Complaint alleged that the Department of Veterans Affairs, Veterans Affairs Medical Center, New Orleans, Louisiana (herein called Respondent), violated section 7116(a)(1) and (5) of the Federal Service Labor-Management Relations Statute (the Statute), 5 U.S.C. § 7116(a)(1) and (5), by unilaterally implementing 12 hour shifts on Ward 4C at Respondent's New Orleans facility without providing the National Federation of Federal Employees, Local 1904 (herein called Union), with notice and an opportunity to negotiate over the change to the extent required by the Statute. A hearing was scheduled for November 28, 2001.
The Complaint specifically advised the Respondent that an answer must be filed "no later than August 27, 2001" and that failure to file an answer or respond to any allegation of this complaint will constitute an admission. See 5 C.F.R. § 2423.20(b). Respondent did not file an answer, either in person or by mail, within the required period or at any time thereafter.
No answer was received from the Respondent nor has Respondent acknowledged receipt of any of the above-mentioned documents. Accordingly, Respondent has admitted all of the allegations of the Complaint. Department of Veterans Affairs Medical Center, Asheville, North Carolina, 51 FLRA 1572, 1594 (1996).
Since Respondent failed to answer the instant Complaint, Counsel for the General Counsel filed a Motion for Summary Judgment on September 6, 2001. Respondent also failed to file any response to the General Counsel's Motion for Summary Judgment within the 5 day time period provided for in the Regulations. See 5 C.F.R. § 2423.27(b).
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 . . . . Absent a
showing of good cause to the contrary, failure to
file an answer or respond to any allegation shall
constitute an admission.
In this case, Respondent has not filed an answer as required by the Regulations. Furthermore, Respondent filed no response to the Motion for Summary Judgment. Accordingly, there are no disputed factual or legal issues in this case.
Consequently, it can only be found that Respondent has admitted that it unilaterally implemented 12 hour shifts on Ward 4C without providing the Union with notice and an opportunity to bargain over the shift change. Thus, Respondent violated section 7116(a)(1) and (5) of the Statute as alleged.
Secondly, Counsel for the General Counsel proposed a recommended remedy requiring Respondent to negotiate over the impact and implementation of the change as required by the Statute, and the posting of an appropriate Notice to All Employees signed by the Medical Center Director, Department of Veterans Affairs, Veterans Affairs Medical Center, New Orleans, Louisiana. In the circumstances of this case, it is found that the proposed remedy does effectuate the purposes and policies of the Statute.
Accordingly, it is recommended 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, it is hereby ordered that the
Department of Veterans Affairs, Veterans Affairs Medical Center,
New Orleans, Louisiana, shall:
- Cease and desist from:
(a) Unilaterally implementing 12 hour shifts on Ward 4C without
providing the National Federation of Federal Employees, Local 1904,
with notice and an opportunity to negotiate over the change to the
extent required by the Federal Service Labor-Management Relations
Statute.
(b) In any like or related manner, interfering with, restraining, or coercing its employees in the exercise of their rights assured by the Federal Service Labor-Management Relations Statute.
- Take the following affirmative action in order to
effectuate the purposes and policies of the Federal Service Labor-Management Relations Statute:
(a) Upon request, negotiate with the National Federation of Federal Employees, Local 1904, over changing 12 hour shifts on Ward 4C to the extent required by the Federal Service Labor-Management Relations Statute.
(b) Post at the Department of Veterans Affairs, Veterans Affairs
Medical Center, New Orleans, Louisiana, where bargaining unit
employees represented by the National Federation of Federal
Employees, Local 1904, 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,
Department of Veterans Affairs, Veterans Affairs Medical Center,
New Orleans, Louisiana, 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, Chicago 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 18, 2001.
___________________________
ELI NASH, 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 Affairs Medical Center, New Orleans,
Louisiana, 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 unilaterally implement 12 hour shifts on Ward 4C
without providing the National Federation of Federal Employees,
Local 1904, the exclusive representative of bargaining unit
employees, with notice and an opportunity to negotiate over the
change to the extent required by the Federal Service
Labor-Management Relations Statute.
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.
WE WILL, upon request, provide the National Federation of Federal Employees, Local 1904, an opportunity to negotiate over the implementation of 12 hour shifts on Ward 4C to the extent required by the Federal Service Labor-Management Relations Statute.
____________________________________
(Respondent/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, Chicago Regional Office,
Federal Labor Relations Authority, whose address is: 55 West Monroe
Street, Suite 1150, Chicago, IL 60603, and whose telephone number
is: (312)353-6306.