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32 FLRA No. 126

UNITED STATES OF AMERICA
BEFORE THE
FEDERAL LABOR RELATIONS AUTHORITY
WASHINGTON, D.C.

 

VETERANS ADMINISTRATION
WASHINGTON, D.C.

and

VETERANS ADMINISTRATION MEDICAL
CENTER, LEAVENWORTH, KANSAS
Respondents

and 

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 85
Charging Party

Case No. 7-CA-60247

DECISION AND ORDER

The Administrative Law Judge issued the attached decision in the above-entitled proceeding, finding that the Respondents Veterans Administration, Washington, D.C. (Respondent Agency) and Veterans Administration Medical Center, Leavenworth, Kansas (Respondent Medical Center) had engaged in the unfair labor practices alleged in the complaint by (1) making misrepresentations to the Charging Party's representative during the course of negotiations and inducing her to initial and agree to bargaining proposals; (2) discontinuing negotiations with the Charging Party and refusing to bargain as to proposals made by its representatives; and (3) implementing a revised regulation for the Respondent Medical Center at a time when negotiations with the Charging Party were still pending and Respondent Medical Center had failed and refused to bargain in good faith. The Respondents filed exceptions to the Judge's Decision and the General Counsel filed an opposition to the Respondents' exceptions.

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. We affirm the rulings. We have considered the Judge's Decision, the Respondents' exceptions and the General Counsel's response, and the entire record in this case, and we adopt the Judge's findings, conclusions, and recommended Order.^(*)

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., and Veterans Administration Medical Center, Leavenworth, Kansas, shall:

1. Cease and desist from:

(a) Failing and refusing to bargain in good faith with American Federation of Government Employees, AFL-CIO, Local 85, the exclusive representative of their employees at Leavenworth, Kansas, concerning the Medical Center's revised MCPM 138-15, "Subject: Asbestos Operations," involving the payment of environmental differential pay to bargaining unit employees exposed to asbestos in the performance of their duties.

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

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

(a) Upon request by American Federation of Government Employees, AFL-CIO, Local 85, the exclusive representative of their employees at Leavenworth, Kansas, rescind and discontinue the implementation of the Medical Center's Revised MCPM 138-15, "Subject: Asbestos Operations," involving the payment of environmental differential pay to bargaining unit employees exposed to asbestos in the performance of their duties.

(b) Upon request by American Federation of Government Employees, AFL-CIO, Local 85, the exclusive representative of their employees at Leavenworth, Kansas, bargain in good faith concerning the Medical Center's Revised MCPM 138-15, "Subject: Asbestos Operations," involving the payment of environmental differential pay to bargaining unit employees exposed to asbestos in the performance of their duties, and, if an agreement is reached, make any such agreement as to the payment of environmental differential pay retroactive to April 14, 1986.

(c) Post at all facilities where bargaining unit employees represented by American Federation of Government Employees, AFL-CIO, Local 85 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 of the Veterans Administration Medical Center, Leavenworth, Kansas, 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.

(d) Pursuant to section 2423.30 of the Authority's Rules and Regulations, notify the Regional Director, Region VII, Federal Labor Relations Authority, in writing, within 30 days from the date of this Order, as to what steps have been taken to comply.

Issued, Washington, D.C.,

_______________________
Jerry L. Calhoun, Chairman
Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY

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 fail and refuse to bargain in good faith with American Federation of Government Employees, AFL-CIO, Local 85, the exclusive representative of our employees at Leavenworth, Kansas, concerning the Medical Center's revised MCPM 138-15, "Subject: Asbestos Operations," involving the payment of environmental differential pay to bargaining unit employees exposed to asbestos in the performance of their duties.

WE WILL NOT, in any like or related manner, interfere with, restrain, or coerce our employees in the exercise of their rights assured them by the Federal Service Labor-Management Relations Statute.

WE WILL, upon request by American Federation of Government Employees, AFL-CIO, Local 85, the exclusive representative of our employees at Leavenworth, Kansas, rescind, and discontinue the implementation of the Medical Center's Revised MCPM 138-15, "Subject: Asbestos Operations," involving the payment of environmental differential pay to bargaining unit employees exposed to asbestos in the performance of their duties.

WE WILL, upon request by American Federation of Government Employees, AFL-CIO, Local 85, the exclusive representative of our employees at Leavenworth, Kansas, bargain in good faith concerning the Medical Center's Revised MCPM 138-15, "Subject: Asbestos Operations," involving the payment of environmental differential pay to bargaining unit employees exposed to asbestos in the performance of their duties, and, if an agreement is reached, make any such agreement as to the payment of environmental differential pay retroactive to April 14, 1986.

______________________
(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 VII, whose address is: 535 16th Street, Suite 310, Denver, CO 80202 and whose telephone number is: (303) 844-5224.

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

*/ The Respondents except to certain credibility findings made by the Judge. The demeanor of witnesses is an important factor in resolving issues of credibility, and the Judge has had the benefit of observing the witnesses while they testified. We will not overrule a Judge's determination regarding credibility of witnesses unless a clear preponderance of all the relevant evidence demonstrates that the determination was incorrect. We have examined the record carefully and find no basis for reversing the Judge's credibility findings. See Department of Housing and Urban Development, Columbia Area Office, Columbia, South Carolina, 21 FLRA 698 (1986).

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