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37 FLRA No. 55

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

VETERANS ADMINISTRATION

WASHINGTON, D.C.

AND

MEDICAL CENTER

FAYETTEVILLE, ARKANSAS⁽¹⁾

(Respondents)

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 2201

(Charging Party)

6-CA-80386

DECISION AND ORDER

September 28, 1990

Before Chairman McKee and Members Talkin and Armendariz.

I. Statement of the Case

The Administrative Law Judge issued the attached decision in the above-entitled proceeding, finding that the Veterans Administration, Washington, D.C. (Respondent Agency) had engaged in the unfair labor practices alleged in the complaint by directing the Veterans Administration Medical Center, Fayetteville, Arkansas, (Respondent Activity) to refuse to furnish, on request of the Union, the names and home addresses of bargaining unit employees. The Judge also found that Respondent Activity had not engaged in the unfair labor practices alleged in the complaint because its refusal to furnish the requested information was a ministerial act taken at the direction of the Respondent Agency. Therefore, the Judge recommended that the complaint against the Respondent Activity be dismissed.

The Judge granted General Counsel's Motion for Summary Judgment against Respondent Agency and recommended that it be ordered to take appropriate remedial action. Respondents filed exceptions to the Judge's Decision and a "Request for Reconsideration" of Farmers Home Administration Finance Office, St. Louis, Missouri, 23 FLRA 788 (1986). The General Counsel filed an opposition to the exceptions.⁽²⁾

Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Federal Service Labor-Management Relations Statute (the Statute), we have reviewed the rulings of the Judge and find that no prejudicial error was committed. The rulings are hereby affirmed. Upon consideration of the Judge's Decision and the entire record, we adopt the Judge's findings, conclusions and recommended Order for the reasons fully set forth in U.S. Department of the Navy, Portsmouth Naval Shipyard, Portsmouth, New Hampshire, 37 FLRA No. 39 (1990).

II. Order

Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Federal Service Labor-Management Relations Statute, the Veterans Administration, Washington, D.C., shall:

1. Cease and desist from:

(a) Directing the Veterans Administration, Veterans Administration Medical Center, Fayetteville, Arkansas, to refuse to furnish the American Federation of Government Employees, AFL-CIO, Local 2201, the names and home addresses of all employees in the unit.

(b) Directing any other component activity of the Veterans Administration to refuse to furnish on request of the exclusive representative of bargaining units of its employees, or designated agents of the exclusive representative for bargaining units of its employees, the names and home addresses of employees in the units they represent.

(c) In any like or related manner, interfering with, restraining, or coercing its employees in the exercise of the rights assured them by the Statute.

(d) In any like or related manner, interfering with the local bargaining relationship between the American Federation of Government Employees, AFL-CIO, Local 2201 and the Veterans Administration, Veterans Administration Medical Center, Fayetteville, Arkansas.

(e) In any like or related manner, interfering with the local bargaining relationship between any exclusive representative, or designated agent of the exclusive representative, and any component activity of the Veterans Administration.

2. Take the following affirmative action in order to effectuate the purposes and policies of the Statute:

(a) Direct the Veterans Administration, Veterans Administration Medical Center, Fayetteville, Arkansas, to furnish the American Federation of Government Employees, AFL-CIO, Local 2201, the names and home addresses of all employees in the unit.

(b) Post at its facilities where bargaining unit employees represented by the American Federation of Government Employees, AFL-CIO, Local 2201, 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 Administrator of the Veterans Administration, Washington, D.C., and shall be posted in conspicuous places, including all bulletin boards and other places where notices to employees are customarily posted, and shall be maintained for 60 consecutive days thereafter. Reasonable steps shall be taken to ensure that such notices are not altered, defaced, or covered by any other material.

(c) Pursuant to section 2423.30 of the Authority's Rules and Regulations, notify the Regional Director, Region VI, Federal Labor Relations Authority, in

writing, within 30 days from the date of this Order as to what steps have been taken to comply.

The allegations in the complaint against Veterans Administration, Veterans Administration Medical Center, Fayetteville, Arkansas, are dismissed.

NOTICE TO ALL EMPLOYEES

AS ORDERED BY THE FEDERAL LABOR RELATIONS AUTHORITY

AND TO EFFECTUATE THE POLICIES OF THE

FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE

WE NOTIFY OUR EMPLOYEES THAT:

WE WILL NOT direct the Veterans Administration, Veterans Administration Medical Center, Fayetteville, Arkansas, to refuse to furnish, upon request of the American Federation of Government Employees, AFL-CIO, Local 2201, the names and home addresses of all employees in the unit.

WE WILL NOT direct any other component activity of the Veterans Administration to refuse to furnish on request of the exclusive representative of bargaining units of our employees, or designated agent of such exclusive representative, the names and home addresses of employees in the units they represent.

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 NOT, in any like or related manner, interfere with, the local bargaining relationship between the American Federation of Government Employees, AFL-CIO, Local 2201 and the Veterans Administration, Veterans Administration Medical Center, Fayetteville, Arkansas.

WE WILL NOT, in any like or related manner, interfere with the local bargaining relationship between any exclusive representative, or designated agent of the exclusive representative, and any component activity of the Veterans Administration.

WE WILL direct that Veterans Administration, Veterans Administration Medical Center, Fayetteville, Arkansas, furnish the American Federation of Government Employees, AFL-CIO, Local 2201, the names and home addresses of all employees in the unit.

____________________________
(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 its provisions, they may communicate directly with the Regional Director, Region VI, Federal Labor Relations Authority, whose address is: 525 Griffin Street, Suite 926, Dallas, Texas 75202 and whose telephone number is: (214) 767-4996.

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FOOTNOTES:
(If blank, the decision does not have footnotes.)
 

1. During the pendency of this case the Veterans Administration was reestablished as the Department of Veterans Affairs.

2. We grant the General Counsel's ". . . Motion to Extend Time for Filing Briefs out of Time and to Accept . . . Opposition Filed out of Time" in view of the facts that: (1) an error in the service sheet caused a delay in the General Counsel's receipt of Respondents' Exceptions; and (2) Respondents have concurred in the General Counsel's request.

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