Department of Veterans Affairs Medical Center v. Federal Labor Relations Authority

A Department of Veterans Affairs medical center challenges two determinations by the Federal Labor Relations Authority (“FLRA”) that it committed unfair labor practices. We uphold both determinations.

In preparation for the Merit Systems Protection Board (“Board”) hearing of a member of Local 1061 of the American Federation of Government Employees (“the Union”), an attorney representing the Department of Veterans Affairs Medical Center of Long Beach, California (“the Hospital”) interviewed, by telephone, several Union members who were potential witnesses at the Board hearing. Although the Union was representing the employee whose case the Board was to consider, the Hospital did not give the Union any notice of the interviews. One of the bargaining unit employees interviewed told her supervisor that she did not wish to be questioned, and was told that she had no choice. She was not told that she could refuse to answer the Hospital attorney’s questions without penalty of reprisal.

In a decision and order dated August 27, 1991, the FLRA concluded that the Hospital committed an unfair labor practice under 5 U.S.C. § 7114 (a)(2)(A) when it failed to give the Union notice of the…