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56 FLRA No. 190
Service Employees International UnionLocal 200-c and U.S. Dept. of Veterans AffairsWestern New York V.A. Health Care SystemBuffalo, New York, Case No. 0- NG-2556 (Decided January 31, 2001)
This case concerned the negotiability of one proposal which the Authority found outside the duty to bargain. The Authority found that the proposal was inconsistent with the Civil Service Reform Act of 1978 (CSRA). The Authority explained that it has consistently held that affording employees adverse action appeal rights and procedural protection through the negotiated grievance procedure that those employees are specifically denied under the CSRA is inconsistent with that Act.
The proposal in this case would afford part-time hybrid title 38 employees the right to grieve disciplinary and performance actions that they are not entitled to appeal under chapter 75 of title 5. Consistent with Authority precedent and with the decisions of numerous circuit courts, the proposal was found to be inconsistent with the CSRA.